Carpinteria Municipal Code Ch. 15.16 Permits and Regulation

A. Permits required. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, or cause the same to be done, without first obtaining the necessary permits for each separate building or structure from the building official.

B. The terms "erect, construct, enlarge, alter, repair," etc., as used in subsection A of this section, shall be deemed to also include any and all electrical, plumbing or mechanical work covered under Chapters 15.20, 15.24, 15.28, 15.32, 15.36 and 15.48 of this code.

(Ord. 377 § 1 (part), 1985)

No permit shall be required for:

A. Replacement of electrical lamps or the connection of portable appliances to suitable receptacles which have been permanently installed;

B. Installation, alteration or repair of electrical wiring, devices, appliances, apparatus or equipment for the operation of signals or the transmission of intelligence (not including the control of lighting or appliance circuits) where such electrical wiring, devices, appliances, apparatus or equipment operate at a voltage not exceeding twenty-five volts between conductors and do not include generating or transforming equipment capable of supplying more than fifty watts of energy;

C. Installation, alteration or repair of electrical wiring, devices, appliances, apparatus or equipment installed by or for any public utility, municipal corporation or public district for the use of such utility, municipal corporation or public district in the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence in the exercise of its function as a serving utility;

D. Installation of temporary wiring for testing, servicing or repairing electrical apparatus or equipment;

E. Plumbing repair work as follows:

1. The stopping of leaks in drains, soil, waste, or vent pipe; provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove or replace the same with new material in any part or parts, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this chapter.

2. Clearing of stoppages or repairing leaks in pipes, valves, or fixtures when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

(Ord. 377 § 1 (part), 1985)

A. To obtain a permit the applicant shall first file an application therefor in writing on a form furnished for the purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit for which application is made;

2. Be accompanied by such plans, specifications and schedules as may be necessary to determine whether the work as described will be in conformity with the requirements of this code;

3. Give such other information as reasonably may be required by the building official.

B. With each application for a permit and when required by the building official for enforcement of any provisions of this code, two sets of plans and specifications shall be submitted. The building official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

C. Plans and specifications shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations.

D. Computations, diagrams, schedules and other data sufficient to show the correctness of the plans shall be submitted when required by the building official.

(Ord. 377 § 1 (part), 1985)

Before any building or moving permit shall be issued under any of the provisions of this code, the applicant for the building permit shall be required to file a true, complete and accurate list, on forms provided by the city, of each and every and all contractors and subcontractors during the course of the construction, it shall be the duty of the applicant within ten days after such change to file a new list or a correction of the old list of contractors and subcontractors doing and performing such work. Failure to file such list at the time of applying for the building permit shall result in denial of the building permit, the failure to make corrections in such list within ten days after any change may result in the issuance of a stop order. No occupancy permit shall be issued unless such a list and amendments are filed. A violation of this provision shall be a misdemeanor, punishable by law as such.

(Ord. 377 § 1 (part), 1985)

No permit fee shall be required to be paid by any person exempted therefrom by any provisions of this code or of any of the primary or secondary codes, or by the school districts within the city, governmental entities, the state or the United States of America, when work is being done on premises owned by such agencies and is to be used for a governmental, public or educational purpose.

(Ord. 377 § 1 (part), 1985)

No refund of any fees shall be allowed after one year from the date of issuance of any permit.

(Ord. 377 § 1 (part), 1985)

Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred twenty days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days. Before such work can be recommenced a new permit shall be one-half of the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. Otherwise, the full permit fee amount provided for in this code shall be charged.

(Ord. 418 § 5, 1987: Ord. 377 § 1 (part), 1985)

A. All work for which a permit is required shall be subject to inspection by the building official to insure compliance with all requirements of this code.

B. It shall be the responsibility of the owner or person doing work authorized by a permit to notify the building official orally or in writing when such work is ready for inspection. Such notification shall be given at least twenty-four hours before the work is to be inspected.

C. No portion of any building, structure, wiring, plumbing or equipment which is required to be inspected shall be permanently covered or concealed without approval of the building official.

D. The building official shall have authority to remove or require the removal of any obstruction which prevents the required inspection of any portion of a building, structure, wiring, plumbing, electrical or mechanical equipment.

(Ord. 377 § 1 (part), 1985)

If a building or structure for which a permit is applied under this code is to be located on property subject to an ordinance pending before the city council initiating rezoning, a permit shall not be issued by the building official while proceedings are pending on such rezoning unless such building or structure conforms to both the existing zoning regulations for such property and to the zoning under consideration pursuant to such pending ordinance.

(Ord. 377 § 1 (part), 1985)

Because the lack of sidewalks in the city often forces school children and other pedestrians to walk in the streets and be subject to the hazards of vehicular traffic, and the lack of sidewalks during rainy weather causes inconvenience and constitutes a hazard to health and safety of pedestrians; and because streets and highways of inadequate width and design constitute a hazard to the health and safety of the users; and because the lack of curbs and improved alleys in the city result in poor drainage and accumulation of filth and waste matters, the existence of dirt sidewalks, dirt curbs, dirt gutters and unimproved streets and alleys adjoining dwellings and buildings within the city or conversely the lack of adequate curbs, sidewalks, gutters, streets and alleys is found and declared to be dangerous to the public health and safety of the inhabitants of the city.

(Ord. 377 § 1 (part), 1985)

A. Any person obtaining a permit to erect, construct, place or replace or relocate a building, structure or dwelling, or to enlarge or make additions thereto in excess of six hundred fifty square feet shall, at his expense, provide for the plans and construction of curbs, gutters, sidewalks, driveway approaches, base paving, barricades, catchbasins and drainpipes along all street and alley frontages in accordance with the standard drawings and standard specifications of the city engineer.

B. Any combination of permits issued within a twelve-month period which provide or result in enlargements or additions of six hundred fifty square feet, or more, to existing buildings shall be considered as a single permit for the purpose of applying the requirements of this code.

C. Where existing driveway depressions or approaches are abandoned or not required for access to the property, they shall be removed and replaced with curb and gutter and sidewalk, as necessary.

D. In addition to the above, the applicant shall do all grading necessary to install the above improvements and shall, at his expense, relocate or remove all structures, utilities, trees and irrigation lines within the right-of-way which interfere with the installation of the above improvements or remove and relocate existing improvements where dedication for street widening is required.

E. Where additional street or alley right-of-way is required in order to properly align the required curbs, gutters, sidewalks or paving with existing or planned improvements on the same block frontage, or in conformance with the circulation element of the city general plan of land use, streets and highways, or in accordance with existing or planned dedication alley right-of-way, or to provide corner cutoffs, the applicant shall be required to dedicate the necessary property and install improvements; provided that requirements for dedication of additional right-of-way shall apply only when permits are issued for the construction of new buildings and shall not apply to any additions or enlargements of an existing structure.

F. The building official shall not issue a permit requiring improvements pursuant to this section until the applicant has:

1. Guaranteed construction by a cash deposit or bond filed pursuant to Chapter 2.17 of this code;

2. Dedicated the required right-of-way.

(Ord. 377 § 1 (part), 1985)

Installation of all or part of the required improvements may be waived by the city manager in accordance with the following:

A. Where adequate improvements of the nature and type required already exist;

B. Sidewalks only shall be waived where the topography is such that the installation of sidewalks would be impractical;

C. Where the street or alley, for practical reasons, has not been or cannot be readily graded to the established grade;

D. Where parcels in residential zones are divided into one-half acre or larger lots, the curb, gutter and paving or curb, gutter, sidewalk and paving need not exceed a greater distance than the side yards or side and rear yards in the case of corner lots defined in the zoning ordinance of the city; or

E. Where 1) installation of any or all of such improvements is not required for protection of public health and safety, and 2) the surrounding area has not been developed with such improvements.

(Ord. 518 § 1, 1996; Ord. 377 § 1 (part), 1985)

A. In all cases where the nature, condition or type of soil or the nature or type of structure of the underlying rock is such that any building or structure erected thereon, which is subject to this municipal code would be in danger of substantial damage because of slippage, subsidence or other movement of such soil or rock, either during construction or at any later time, the public works director may require as a prerequisite to the granting of any permits provided for under this code or in the codes adopted by this code, the following:

1. An engineering geological report by recognized engineering geologist which shall include an adequate description of the geology of the site and shall contain conclusions and recommendations regarding the effect of geologic conditions on the proposed construction. All reports shall be subject to approval by the public works director, and he may require additional supplemental reports. Recommendations made by the public works director shall be incorporated into grading or other engineering plans designed to eliminate the danger of structural damage;

2. A soils report prepared by a civil engineer, licensed as such by the state, who is experienced in the field of soil mechanics. It shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures. All reports shall be subject to approval by the public works director, and supplemental data and reports may be required. Recommendations made by the public works director shall be incorporated in engineered plans to eliminate the danger of structural damage;

3. Plans and specifications prepared by a registered architect, civil or structural engineer to eliminate danger of structural damage. These plans shall be based on the recommendations contained in the soils and engineering geology reports required in subdivisions 1 and 2 of this subsection and shall be subject to approval by the public works director;

4. All corrective work shall be accomplished, protective devices shall be installed, rough grading shall be completed and approved by the public works director prior to the issuance of any permits under the terms of this chapter.

B. If on completion of the above, the foundations of such buildings or structures shall require special design to avoid danger of damage, then the building official shall require that the foundations for such buildings or structures be designed by, or the design thereof be approved by, an architect, civil or structural engineer licensed by the state, in such a manner as to avoid damage to the structure from foundation failure. All such special designs of foundations for buildings or structures shall be subject to approval by the public works director. Nothing contained in this section or anything done pursuant hereto shall be construed as a warranty or guarantee that such damage will not occur, nor that any particular soils or rock structures are safe to build upon.

(Ord. 377 § 1 (part), 1985)

The building officials shall examine or cause to be examined every building or portion thereof regulated by this code, which has been reported as dangerous or substandard or damaged and, if such is found an unsafe building as defined in this section, or a substandard building as defined in the Housing Code, the building official may give to the owner of such building or structure written notice pursuant to the provisions of this section stating the defects thereof, or pursue any other remedy or penalty provided for under this code or the laws of this state.

A. Any notice under this section shall contain an order setting forth a statement of action required to be taken as determined by the building official. The notice shall specify that the necessary permits must be secured and the work physically commenced within thirty days from the date of service of the notice. Such work must be completed within ninety days of the service of the notice.

B. The notice shall further provide that if the owner shall fail to commence such activity as ordered, the owner may be obligated to pay all the city's code enforcement and inspection costs including but not limited to the fees and costs of the city attorney's office incurred pursuant to Section 1.08.071 of this code, and that the building official may cause the ordered repairs or improvements or demolition to be done, and that the costs, plus ten percent of such cost for administrative overhead thereof, shall be a charge and expense against the owner personally and collectable by an action at law.

C. The notice shall further state that the owner or his representative or legal counsel may appeal from the notice and order. The appeal must be filed within thirty days from the date of service of the notice and order. Failure to appeal within the time period will constitute a waiver of all right to an administrative hearing and determination of the matter.

D. The appeal must be made in writing to the city council. The city council is expressly declared to be the "housing appeals board" referred to in the State Housing Law, particularly Section 17920.6 of the Health and Safety Code, and shall have all of the power and authority conferred on a housing appeals board under the state housing laws to hear opposition to a notice and order to abate an unsafe building.

E. The order of the city council upon such appeal shall be final immediately.

F. Service of the notice shall be made upon the record owner and, if known to the building officials, the mortgage or lien holders and lessees. The notice shall be posted on the property and served either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested to each person at his or her address as it appears on the last equalized assessment roll at the county or as known to the building official. Service by certified mail in the manner provided herein shall be effective on the date of mailing. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person affecting service. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this section.

G. If necessary, the notice shall require the building or structure or portion thereof to be vacated forthwith in the interest of immediate public safety pending the finality of any determination and order.

H. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or substandard building as defined in the Housing Code which are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety and health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, as specified in this code or any other effective ordinance, are for the purpose of this section, unsafe buildings. All such unsafe or substandard buildings as defined in the Housing Code are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified in this section.

I. If no action to correct the violation is taken within thirty days after the effective date of service or notice, the building official may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation, including demolition or vacation as provided in the State Housing Law.

J. No fee shall be charged in connection with any demolition permits issued pursuant to abatement proceedings under this section.

(Ord. 479 § 2, 1992; Ord. 377 § 1 (part), 1985)

A. In addition to the abatement of dangerous, substandard or unsafe buildings or structures, the building officials shall examine or cause to be examined every reservoir, pit, sump, hole, well and similar artificial structure or excavation, or combination of both, reported as being dangerous to life or land and, if such is found to be hazardous as defined in Section 15.16.150 of this code, the building officials shall give to the owner of such hazardous structure or excavation or combination of both, a written notice stating the hazards thereof.

B. The notice shall contain an order setting forth a statement of action required to be taken as determined by the building official. The notice shall specify the time within which the necessary permit must be secured and the work physically commenced within thirty days from the date of service of notice. Such work must be completed within ninety days of the service of the notice.

C. The notice shall further provide that if the owner shall fail to commence such activity as ordered, the building official may cause the ordered measure to be undertaken and that the costs plus ten percent of such costs for administrative overhead thereof shall be a charge and expense against the owner personally, and collectable by an action at law.

D. The notice shall further state that the owner or his representative or his legal counsel may appeal from the notice and order. The appeal must be filed within thirty days from the date of service and notice. Failure to appeal within the time period will constitute a waiver of all rights to an administrative hearing and determination of the matter.

E. The appeal must be made in writing to the city council. The city council shall hold a hearing and shall thereupon make a determination. The order of the city council shall be final immediately.

F. Service of such notice shall be made in the same manner as provided in Section 15.16.140 of this code for notices of abatement of unsafe buildings. If necessary, in order to prevent an immediate and impending danger to the life or limb of any persons, temporary measures may be ordered to be undertaken immediately by the notice procedure provided in this section.

G. No fee shall be charged in connection with any demolition permits issued pursuant to abatement proceedings under this section.

(Ord. 377 § 1 (part), 1985)

To gain approval of any material not now authorized under the conditions of this code and the codes adopted by this code an applicant shall submit evidence satisfactory to the building official in the form of calculations, data, observation, and performance tests that the materials will perform safely and satisfactorily and meet all applicable requirements of law.

(Ord. 377 § 1 (part), 1985)

Any person conducting construction work for which a permit is required pursuant to Titles 14 and 15 shall comply with the following:

A. Construction activities shall be allowed Mondays through Fridays from 7:00 a.m. to 8:00 p.m.;

B. Construction activities shall be allowed on Saturdays from 8:00 a.m. to 8:00 p.m.;

C. Construction activities shall be allowed on Sundays from 10:00 a.m. to 8:00 p.m.

(Ord. 585 § 1, 2002)

A. The community development director or designee may issue an after-hours construction permit authorizing work, if the director determines that the public interest will be served by such a permit or in the case of an emergency. An after-hours construction permit may be revoked or suspended by the director, or his designee, if it is determined that the activity detrimentally affects the public health, safety, and welfare.

B. The planning commission, or community development director, may impose more restrictive hours of construction as a condition of approval in its action on permits issued pursuant to Titles 14 and 15 hereof.

(Ord. 585 § 2, 2002)