Chapter 15.01 — BUILDING CODE

Editor's note— Ord. No. 1048, § 3, adopted October 21, 2025, repealed the former Ch. 15.01, §§ 15.01- 010—15.01.170, and enacted a new Ch. 15.01 as set out herein. The former Ch. 15.01 pertained to similar subject matter and derived from Ord. No. 990, § 1, adopted Dec. 3, 2019 and Ord. No. 1022, § 1, adopted Nov. 15, 2022.

The 2025 California Building Code, known as Part 2, Title 24 of the California Code of Regulations, excluding all but the following appendices: Appendices I and J, is hereby adopted by reference with amendments as set forth by the following subsections of this section and the following sections of this chapter:

(a)

Building Code Chapter 1, Division I shall apply to State-regulated buildings, structures and applications set forth by Section 1.1.3.2 of Chapter 1, Division I.

(b)

Building Code Chapter 1, Division II shall apply to State-regulated buildings, structures and applications in accordance with the Matrix Adoption Table in Chapter 1 of the California Building Code (except as may be modified by subsection (c)).

(c)

Notwithstanding the exception stated by Section [A]101.2 Building Code Chapter 1, Division II shall apply to all Nonstate-regulated buildings and structures and detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height and their accessory structures. Where there is a conflict or inconsistency between the provisions of Division I and Division II, the provisions of Division II shall apply.

(d)

Any of the following sections in this chapter which modify, amend, or replace any of the provisions of Chapter 1, Division I or Chapter 1, Division II shall be applicable to all State-regulated and Nonstate- regulated buildings and structures, including detached one- and two-family dwellings and multiple single- family dwellings (townhouses) not more than three stories above grade plane in height and their accessory structures.

(Ord. No. 1048, § 3, 10-21-2025)

Section 1.8.9.3, Conditions, is added as follows:

Section 1.8.9.4, Record, is added as follows:

The building official may cause a report to be filed on an unsafe condition. The report shall

state the occupancy of the structure and the nature of the unsafe condition.

(Ord. No. 1048, § 3, 10-21-2025)

Section 1.8.9.5, Notice and Order, is added as follows:

If an unsafe condition is found, the building official may serve on the owner, agent

or person in control of the structure, a written notice and order that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be vacated or demolished within a stipulated time.

(Ord. No. 1048, § 3, 10-21-2025)

Section 1.8.9.6, Method of Service, is added as follows:

Such notice shall be deemed properly served if a copy thereof is: (a) delivered to

the owner personally or (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

(Ord. No. 1048, § 3, 10-21-2025)

Section 1.8.9.7, Restoration, is added as follows:

The structure or equipment determined to be unsafe by the building official may be

restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of the California Existing Building Code.

(Ord. No. 1048, § 3, 10-21-2025)

Section 1.8.9.8, Nuisance Proceedings, is added as follows:

When the building official has inspected, or caused to be inspected, any

structure or equipment and has found and determined that such structure or equipment is unsafe, such structure or equipment shall be considered a nuisance and the building official may commence proceedings to cause the repair, vacation or demolition of the building or equipment pursuant to this code and/or the provisions of Chapter 9.04 of the Corte Madera Municipal Code. An order to abate a nuisance may not be appealed under Title 15 of the Corte Madera Municipal Code.

(Ord. No. 1048, § 3, 10-21-2025)

Section 1.8.9.9, Staying of Order, is added as follows:

Except as otherwise provided by this paragraph, if the owner fails to take those

actions required by the building official in the notice and order, the building official shall not compel the owner to take such action until such time as the Town Council or a court with proper jurisdiction orders the nuisance to be abated. An order to vacate the building or structure in the notice and order shall be exempt from the provisions of this paragraph and is enforceable upon proper service being made under the provisions of Section 1.8.9.6.

(Ord. No. 1048, § 3, 10-21-2025)

The following is added at the end of Section 1.9.1.5:

The town may retain the services of a Certified Access Specialist (CASp) to consult with the town in reviewing, analyzing, evaluating, and providing the town recommendations on the request being made by the applicant. The services provided to the town shall be at the sole expense of the applicant and shall be fully reimbursed to the town through a cost recovery agreement or by applying the building department fee schedule adopted by the town council.

(Ord. No. 1048, § 3, 10-21-2025)

Section 104.10.1, Flood Hazard Areas, is deleted in its entirety.

(Ord. No. 1048, § 3, 10-21-2025)

Section 105.3.2, Time Limitation of an Application, is deleted and replaced to read as follows:

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one extension of time for an additional period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

(Ord. No. 1048, § 3, 10-21-2025)

Section 113.1, General, is deleted and replaced to read as follows:

113.1 General. The building code appeals board as established in Chapter 2.22 of the Corte Madera Municipal Code shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of building standards published in the California Building Standards Code.

(Ord. No. 1048, § 3, 10-21-2025)

Section 113.2, Limitations on Authority, is deleted and replaced to read as follows:

113.2 Definitions. Whenever used in any section of this Chapter, the terms "Housing Appeals Board" and "Local Appeals Board" shall each refer to the building code appeals board as established in Chapter 2.22 of the Corte Madera Municipal Code.

(Ord. No. 1048, § 3, 10-21-2025)

Section 113.3, Qualifications, is deleted and replaced to read as follows:

113.3 Appeals. Except as otherwise provided by law, any person, firm or corporation adversely affected by a decision, order or determination by the building official relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any ordinance enacted by the Town under Chapter 15.01 of the Corte Madera Municipal Code, may appeal the issue for resolution to the building code appeals board as appropriate.

(Ord. No. 1048, § 3, 10-21-2025)

Section 116.6, Nuisance Proceedings, is added as follows:

116.6 Nuisance Proceedings. When the building official has inspected, or caused to be inspected, any structure or equipment and has found and determined that such structure or equipment is unsafe, such structure or equipment shall be considered a nuisance and the building official may commence proceedings to cause the repair, vacation or demolition of the building or equipment pursuant to this code

and/or the provisions of Chapter 9.04 of the Corte Madera Municipal Code. An order to abate a nuisance may not be appealed under Title 15 of the Corte Madera Municipal Code.

(Ord. No. 1048, § 3, 10-21-2025)

Section 116.7, Staying of Order, is added as follows:

116.7 Staying of Order. Except as otherwise provided by this paragraph, if the owner fails to take those actions required by the building official in the notice and order, the building official shall not compel the owner to take such action until such time as the Town Council or a court with proper jurisdiction orders the nuisance to be abated. An order to vacate the building or structure in the notice and order shall be exempt from the provisions of this paragraph and is enforceable upon proper service being made under the provisions of Section 116.3.

(Ord. No. 1048, § 3, 10-21-2025)

(a)

Any person who commits a violation of any of the provisions of this Chapter, including those that have been adopted by reference herein, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than one thousand dollars, imprisonment for six months, or both.

(b)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including those that have been adopted by reference herein, shall be subject to administrative citation and fines as set forth in Chapter 9.05 of Title 9 of this code.

(Ord. No. 1048, § 3, 10-21-2025)

By adoption of this chapter the town council does not intend to create, establish, or impose any mandatory duty or liability on the part of the town, its officers, employees, or any other person acting on its behalf, notwithstanding the use of "shall", "will", "must", or similar terms within this chapter.

(Ord. No. 1048, § 3, 10-21-2025)