Costa Mesa Municipal Code Ch. I In General

(a) Enforcement of the construction codes adopted by section 5-1 shall be the responsibility of the building official. All references to the building official or director of building and safety shall deem to mean the building official responsible for the division of building and code enforcement.

(b) The provisions of title shall apply to and affect all of the territory of the City of Costa Mesa, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by this title, hydraulic flood control structures, facilities for the production, generation, storage or transmission of water or electrical energy by a local agency, and the buildings or structures of administration and instruction of public schools when acting under the state contract act, except as otherwise provided in this title.

(c) Additions, alterations, repairs and changes of use or occupancy of all buildings and structures shall comply with the provisions for new buildings and structures, except as otherwise provided in this title.

(d) Where, in any specific case, different sections of the construction codes specify different materials, methods of construction or other requirements, the most restrictive shall govern.

(e) Pursuant to section 1-33.1 of this Code, the development services director and his deputies are designated as enforcement officials with authority to issue citations for violations of this Code either as a misdemeanor or infraction.

(Ord. No. 92-22, § 3, 12-21-92; Ord. No. 95-22, § 3, 1-2-96; Ord. No. 98-19, § 1, 7-6-98; Ord. No. 07-18, § 3, 10-16-07)

(a) Notwithstanding the provisions of sections 1-33(d) and 5-1, all appeals from determinations and orders by the building official and/or the fire marshal shall be to the access, building, fire and housing board of appeals (the "board"). The board may adopt reasonable rules and regulations for conducting its investigations and shall render its decisions and findings on contested matters in writing to the building official or the fire marshal, as applicable, with a duplicate copy thereof to any appellant or contestant affected by a decision or findings of the board.

(b) The above-referenced appeals shall be filed with the building official on application forms established by the appeals board and consistent with the Construction Codes adopted in section 5-1. An appeal application fee shall be paid to process the appeal as set by resolution of city council. Notice of the appeal and appeal hearing shall comply with the Construction Codes adopted in section 5-1.

(c) The decision by the board shall be final on the date made and not subject to further appeal to city council.

(d) The decision by the board shall be final on the date made and the provisions of California Code of Civil Procedure section 1094.6 shall apply to such decision.

(e) Where a notice and order of the building official or fire marshal or decision of the board becomes final and a violation of this title has been determined to exist, the city attorney is hereby authorized to commence civil or criminal proceedings to abate the violation of the provisions of this title. A violation of any provision of this title shall constitute a public nuisance and costs for abatement, including attorney's fees and court costs, shall be subject to reimbursement from the property owner to the city pursuant to the construction codes adopted in section 5-1.

(Ord. No. 95-11, § 1, 8-7-95; Ord. No. 04-14, § 1, 12-6-04; Ord. No. 07-18, § 3, 10-16-07; Ord. No. 10-10, § 4a., b., 9-21-10)

The development services director or his or her designee shall collect fees for permits and services specified in this title. Where the development services director or his designee finds that the fees prescribed in this title do cover the cost of providing the service which is the subject of the fee, the development services director or his designee may charge a supplemental fee for the unpaid cost of the services provided.

(Ord. No. 92-22, § 5, 12-21-92)

In addition to the regulations adopted in section 5-1, city council finds that the public health, safety and welfare is protected by prescribing a uniform building standard for the construction and rehabilitation of alleys located on private property and used for ingress and egress by the public. All public access alleys on private property constructed or rehabilitated under a permit issued after the effective date of this section shall comply with city standard no. 118, typical section for alley and "V" gutter, established by the public services department and attached [to Ordinance No. 95-23] as exhibit 1 and incorporated herein by this reference. The building standard provided in this section shall apply to all public access alleys on private property where the cost of construction or rehabilitation work exceeds 50% of the total replacement cost of the alley subject to a permit issued under this title.

(Ord. No. 95-23, § 1, 1-2-96)

(a) It is unlawful for any person, firm, corporation, or other entity, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or real property in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this Code.

(b) Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor. Any such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this title is committed, continued or permitted.

(c) Notice and order. When the development services director or his designee has inspected or caused to be inspected a building and has found and determined that such building is a substandard building, the development services director or his designee shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. The development services director or his designee shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

(1) The street address and a legal description for identification of the premises upon which the building is located.

(2) A statement that the development services director or his designee has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 202 of this Code.

(3) A statement of the action required to be taken determined by the development services director.

a. If the development services director or his designee has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the development services director or his designee shall determine is reasonable under all of the circumstances.

b. If the development services director or his designee has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the development services director or his designee to be reasonable.

c. If the development services director or his designee has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the development services director or his designee shall determine reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order and that the demolition be completed within such time as the development services director or his designee shall determine is reasonable.

(4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the development services director or his designee:

a. Will order the building vacated and posted to prevent further occupancy until the work is completed, and

b. May proceed to cause the work to be done and charge the costs thereof against the property or its owner.

(5) Statements advising:

a. That any person having any record title or legal interest in the building may appeal from the notice and order or any action of the director of development services or his designee to the appeals board, provided that the appeal is made in writing as provided in this Code, and filed with the director of development services or his designee within 30 days from the date of service of such notice and order, and

b. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(d) Service of notice and order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the director of development services or his designee or disclosed from official public records: The holder or any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the director of development services or his designee to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this action.

(e) Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the director of development services. If no address of any such person so appears or is known to the director of development services, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(f) Proof of service. 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 effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the director of development services.

(Ord. No. 92-22, § 6, 12-21-92)

The full value of any building, structure or alteration shall be given when making application for a permit required by this title. The fact that the owner expects to do the labor himself and to use materials which he already has on the premises shall not detract from the value of the materials or labor. The value of materials and labor is deemed to be definite and ascertainable regardless of by whom furnished, and such value shall be included in the estimated cost when applying for a permit.

(Code 1960, § 8102)

The director of development services or his designee is authorized to issue permits for buildings or structures under the provisions of this title whenever the applicant has complied with all the requirements hereof.

(Ord. No. 92-22, § 7, 12-21-92; Ord. No. 98-19, § 2, 7-6-98)

Refund of any fee paid by the applicant pursuant to this title may be made as provided in the construction codes adopted in section 5-1 or by established policy.

(Code 1960, § 8104; Ord. No. 66-49, 12-19-66; Ord. No. 67-16, 6-27-67; Ord. No. 82-13, § 2(8), 9-7-82; Ord. No. 87-22, § 2(9), 11-2-87; Ord. No. 92-22, § 9, 12-21-92; Ord. No. 95-22, § 4, 1-2-96; Ord. No. 99-6, § 2, 6-7-99; Ord. No. 07-18, § 3, 10-16-07)