Chico Municipal Code Ch. 16.16 Building Regulations - Enforcement

The building regulations adopted by this title may, upon any violation thereof, be enforced by the enforcement actions and penalties provided for by this chapter. Except as otherwise specifically set forth in this chapter all enforcement actions and penalties provided for herein shall be deemed cumulative, and the commencement and/or imposition of any one such enforcement action or penalty as a result of a violation of the building regulations adopted by this chapter shall not preclude the commencement and/or imposition of any other enforcement action or penalty for the same violation.

(Ord. 1646 §7 (part))

A. Determination by Building Official to Request Correction of a Violation. Whenever the building official determines that work is being performed on a building or structure, building service equipment or sign which is in violation of the building regulations adopted by this title or that a building or structure, building service equipment or sign is being occupied, used or maintained in violation of such regulations, the building official may, by service of the notice required by this section, request such violation to be corrected.

B. Service of Notice Requesting Correction of a Violation. Upon determining to request the correction of a violation of the building regulations adopted by this title, the building official shall cause a written notice of such request to be served on the owner of the premises on or within which the violation has occurred, and on any other person known to the building official to be wholly or partially responsible for such violation if such person is someone other than the owner of the premises on or within which the violation has occurred. Such notice shall contain a brief description of the nature of the violation, the action to be taken to correct the violation and a date certain by which such corrective action must be completed, shall contain a statement of the right of a person aggrieved by the determination of the building official that a violation has occurred to apply for administrative review of such determination and to appeal such determination in the manner provided for by Chapter 16.02 of this title, and shall advise the person upon whom the notice is served that a failure to correct the violation on or before the date required by the notice may subject such person to the infraction penalties provided for in Section 16.16.090 of this chapter.

C. Effect of Request to Correct Violation. Any person served with a notice of the request of the building official to correct a violation of the building regulations adopted by this title shall cause such violation to be corrected on or before the date required by such notice. Provided, however, that if a person is served with a notice to correct a violation, such person shall not be subject to any of the infraction penalties provided for in Section 16.16.090 of this chapter unless such person fails to correct such violation on or before the date required by such notice.

(Ord. 1646 §7 (part))

A. Determination by the Building Official to Order the Revocation of a Permit. Whenever the building official determines that a permit was issued pursuant to the provisions of Chapter 16.10 of this title based on a permit application or plans and specifications, engineering calculations, diagrams or other data and information accompanying a permit application which contained a material misrepresentation of fact, or that such permit authorizes work on a building or structure, building service equipment or sign which is in violation of the building regulations adopted by this title, the building official may, by service of the notice required by this section, order the revocation of such permit.

B. Service of Notice of Order Revoking a Permit. Upon determining to order the revocation of a permit issued pursuant to the provisions of Chapter 16.10 of this title, the building official shall cause a written notice of such order to be served on the person to whom the permit was issued. In addition to setting forth the order of the building official revoking such permit, such notice shall contain a brief description of the reasons why the permit is being revoked and the action, if any, which may be taken in order to cause the permit to be reinstated or reissued, shall contain a statement of the right of a person aggrieved by the order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.02 of this title, and shall advise the person upon whom the notice is served that unless and until such permit is reinstated or reissued, further work on the building or structure, building service equipment or sign for which the permit was issued may subject such person to the misdemeanor penalties provided for in Section 16.16.090 of this chapter.

C. Effect of Order Revoking a Permit. No person served with a notice of the order of the building official revoking a permit issued pursuant to the provisions of Chapter 16.10 of this title shall cause or permit any work to be performed on the building or structure, building service equipment or sign for which the permit was issued unless and until such permit has been reinstated or reissued. Provided that, where the building official has ordered a permit revoked because the application, or the plans and specifications, engineering calculations, diagrams or other data and information accompanying the permit application contained a material misstatement of fact, such permit shall not be reinstated or reissued unless an additional plan check and permit fee, in an amount set forth in the schedule of plan check and building permit fees adopted pursuant to Chapter 16.10 of this title, has been paid.

(Ord. 1646 §7 (part))

A. Determination of the Building Official to Order Work to be Stopped. Whenever the building official determines that work is being performed on a building or structure, building service equipment or sign which is in violation of the building regulations adopted by this title, the building official may, by service and posting of the notices required by this section, order such work to be stopped.

B. Service of Notice of Order to Stop Work. Upon determining to order work on a building or structure, building service equipment or sign to be stopped, the building official shall cause a written notice of such order to be served on the owner of the premises on or within which the work is being performed, and on any person known to the building official to be engaged in such work if such person is someone other than the owner of the premises on or within which the work is being performed. In addition to setting forth the order of the building official to stop work on the building or structure, building service equipment or sign, such notice shall contain a brief description of the reasons why such work has been ordered stopped and the action, if any, which may be taken in order that such work may be resumed, shall contain a statement of the right of a person aggrieved by such order to apply for administrative review by the director, and shall advise the person on whom the notice is served that unless authorized by the building official, further work on such building or structure, building service equipment or sign may subject such person to the misdemeanor penalties provided for in Section 16.16.090 of this chapter.

C. Posting of Notice of Order to Stop Work. Upon determining to order work on a building or structure, building service equipment or sign to be stopped, the building official shall also cause a written notice of such order to be posted in a conspicuous place on the premises on or within which such work is being performed. In addition to setting forth the order of the building official to stop work on the building or structure, building service equipment or sign, such notice shall state that it is a misdemeanor for any person to perform further work on such building or structure, building service equipment or sign without authorization of the building official or to remove or deface the posted notice of such order.

D. Effect of Order to Stop Work. No person served with a notice of the building official’s order to stop work on a building or structure, building service equipment or sign or having knowledge of such order shall cause or permit work to be performed on such building or structure, building service equipment or sign unless authorized by the building official.

(Ord. 1646 §7 (part); Ord. 2189 §§1, 2, Ord. 2364 §322)

A. Determination of the Building Official to Order the Vacation of a Building or Structure. Whenever the building official determines that a building or structure is being occupied, used or maintained in violation of the building regulations adopted by this title, and that such occupancy, use or maintenance is or is likely to be dangerous to health, life or safety, the building official may, by service and posting of the notices required by this section, order such building or structure to be vacated.

B. Service of Notice to Vacate Building or Structure. Upon determining to order the vacation of a building or structure, the building official shall cause a written notice of such order to be served on the owner of such building or structure, and on any person known to the building official to be occupying or using such building or structure if such person is someone other than the owner of the building or structure. In addition to setting forth the order of the building official to vacate the building or structure, such notice shall contain a brief description of the reasons why such building or structure has been ordered vacated and the action, if any, which may be taken in order that the occupancy and use of the building or structure may be resumed, shall contain a statement of the right of a person aggrieved by the order to apply for administrative review of the order and to appeal the order in the manner provided for in Chapter 16.02 of this title, and shall advise the person on whom the notice was served that unless authorized by the building official, the continued occupancy or use of such building or structure may subject such person to the misdemeanor penalties provided for in Section 16.16.090 of this chapter.

C. Posting of Notice of Order to Vacate Building or Structure. Upon determining to order the vacation of a building or structure, the building official shall also cause a written notice of such order to be posted in a conspicuous place on such building or structure. In addition to setting forth the order of the building official to vacate the building or structure, such notice shall state that it is a misdemeanor for any person to occupy or use such building or structure unless authorized by the building official or to remove or deface the posted notice of the order to vacate the building or structure.

D. Effect of Order to Vacate Building or Structure. No person served with a notice of the building official’s order to vacate the building or structure or having actual knowledge of such order shall occupy or use such building or structure unless authorized by the building official.

(Ord. 1646 §7 (part))

A. Determination of the Building Official to Order the Disconnection of Building Service Equipment. Whenever the building official determines that building service equipment which is connected to a source of fuel-gas. electricity or other energy supply has been installed or is being used or maintained in violation of the building regulations adopted by this title, and that such installation, use or maintenance has caused or is likely to cause a condition which is dangerous to health, life or safety, the building official may, by service and posting of the notices required by this section, order such building service equipment to be disconnected from its source of fuel-gas, electricity or other energy supply

B. Service of Notice of Order to Disconnect Building Service Equipment. Upon determining to order the disconnection of building service equipment from its source of fuel-gas, electricity or other energy supply, the building official shall cause a written notice of such order to be served on the owner of the premises on or within which the building service equipment is located, any utility known to the building official to be providing fuel-gas, electricity or other energy supply to such building service equipment, and any person known to the building official to be operating or using such building service equipment if such person is someone other than the owner of the premises on or within which such building service equipment is located. In addition to setting forth the order of the building official to disconnect the building service equipment from its source of fuel-gas, electricity or other energy supply, such notice shall contain a brief description of the reasons why such building service equipment has been ordered disconnected from its source of fuel-gas, electricity or other energy supply and the action, if any, which may be taken in order to reconnect such building service equipment to its source of fuel-gas, electricity or other energy supply, shall contain a statement of the right of a person aggrieved by the order to apply for administrative review of the order and to appeal the order in the manner provided for in Chapter 16.02 of this title, and shall advise the person on whom the notice is served that unless authorized by the building official, the continued connection of such building service equipment to its source of fuel-gas, electricity or other energy supply may subject such person to the misdemeanor penalties provided for in Section 16.16.090 of this chapter.

C. Posting of Notice of Order to Disconnect Building Service Equipment. Upon determining to order the disconnection of building service equipment from its source of fuel-gas, electricity or other energy supply, the building official shall also cause a written notice of such order to be posted in a conspicuous place upon the premises on or within which such building service equipment is located. In addition to setting forth the order of the building official to disconnect the building service equipment front its source of fuel-gas, electricity or other energy supply, such order shall state that it is a misdemeanor for any person to maintain a connection between such building service equipment and its source of fuel-gas, electricity or other energy supply without authorization of the building official or to deface or remove the notice of the order of the building official requiring such building service equipment to be disconnected from its source of fuel-gas, electricity or other energy supply.

D. Effect of Order to Disconnect Building Service Equipment. No person served with a notice of the building official’s order to disconnect building service equipment from its source of fuel-gas, electricity or other energy supply or having knowledge of such order shall cause or permit a connection to be maintained between such building service equipment and its source of fuel-gas, electricity or other energy supply unless authorized by the building official.

(Ord. 1646 §7 (part))

Whenever necessary to enforce the building regulation adopted by this title, the building official may enter upon any premises located within the city at a reasonable time to inspect any building or structure, building service equipment or sign located on or within such premises or to perform any duty imposed upon the building official by the building regulations; provided that if such premises are occupied, the building official shall first present proper credentials to the occupant of the premises and demand entry; and if such premises are not occupied, the building official shall first make reasonable effort to locate the owner or other person having charge or control of the premises and demand entry. Should entry be refused the building official shall have recourse to every remedy provided by this code or the laws of the state of California to secure entry.

(Ord. 1646 §7 (part))

Any building or structure, building service equipment or sign which is erected, constructed, installed, altered, added to, repaired, replaced, moved, relocated, demolished, occupied, maintained or used in violation of the building regulations adopted by this title shall be and is hereby declared to be a public nuisance, and the city attorney is hereby authorized to commence an action proceeding in a court of appropriate jurisdiction to abate such nuisance in the manner provided for by law.

(Ord. 1646 §7 (part))

A violation of a building regulation adopted by this title shall be an infraction which is punishable by a fine in an amount provided for by Section 1505 of the Charter of the City of Chico; except that a violation of any order revoking a permit, order to stop work, order to vacate, or order to disconnect building service equipment, and the removal or defacement or any notice of such order posted by the building official in the manner provided for by this chapter shall be a misdemeanor punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both.

(Ord. 1646 §7 (part), Ord. 2136 §8)