Cupertino Municipal Code Ch. 16.80 Placards

This chapter establishes the authority of the Building Official, Code Enforcement Officer, and/or City Manager or their designee, to post notices which notify the general public of pending actions and/or safety issues. Such notices or placards also serve to provide immediate notice to responsible parties, property owner(s) and/or any other party which may have an interest in responding to the content of the notice and/or placard.

(Ord. 2072, (part), 2010; Ord. 25-2278, Att. A (part), 2025)

The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Cupertino. The Council may extend the provisions as necessary.

(Ord. 2072, (part), 2010)

“Notice” is any written communication issued in accordance with Title 1 of this code.

“Placard” is a written notice which is directly posted on any conspicuous location or area of any real property and/or public right-of-way, and which communicates or provides notice of a particular action or fining by the Building Official, Code Enforcement Officer, and/or City Manager or their designee.

“Stop Work Order” is a written directive and command to cease performing an action or work activity, and/or which orders specified actions to immediately come to a complete halt.

"Safety assessment" is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

(Ord. 2072, (part), 2010; Ord. 25-2278, Att. A (part), 2025)

Safety assessment placards are used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached in Exhibit A-1, Exhibit A- 2, and Exhibit A-3.

1. INSPECTED - LAWFUL OCCUPANCY PERMITTED is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2. RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. UNSAFE - DO NOT ENTER OR OCCUPY is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.

Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

(Ord. 16-2155, § 14, 2016; Ord. 2072, (part), 2010; Ord. 25-2278, Att. A (part), 2025)

Stop Work Order:

1. Addresses any work regulated by this code, and/or the California Building Code being performed in a manner contrary to provisions, or in a dangerous or unsafe manner.

2. Is issued in accordance with Section 16.04.010 of this code and Section 115 of the 2025 California Building Code.

3. May be initially issued verbally and then shortly thereafter followed in written form.

4. Placard shall be given to the owner of the property, the owner’s authorized agent or the person performing the work, and/or posted at the property in a conspicuous area or place. Upon issuance, the listed work shall immediately cease. The Stop Work Order shall state the reason for the directive and the conditions under which the work is authorized to resume. A copy of actual placard is attached in Exhibit B-1.

(Ord. 25-2278, Att. A (part), 2025)

Under the ordinances of the City, the Building Official, Code Enforcement Officer, and/or City Manager or their designee, may post notices as outlined in Title 1 and/or placards in accordance with this chapter, as deemed necessary to keep the community safe, promote the welfare and general health and safety of the residents and public at-large, to promote justice and/or to effect the objectives of this code.

(Ord. 25-2278, Att. A (part), 2025)

1. Any person or responsible party who defaces, obliterates, tears down, removes, alters, tampers with or destroys any placard as posted by Building Official, Code Enforcement Officer, and/or City Manager or their designee, including violation(s) of section 1.04.040, is in violation of the terms of this chapter and subject to the enforcement actions of this section.

2. Any violation of any provision of this chapter constitutes a public nuisance, which may be resolved and/or abated pursuant to section 16.80.050 (C) of this code.

3. Enforcement. Notwithstanding the provisions of the California Building Code, and provisions of California Penal Code section 616, or any other authority, any person who violates the provisions of this chapter shall also be subject to enforcement under Chapter 1.10, including but not limited to section 1.10.070 (C), and to prosecution under Chapter 1.12.

(Ord. 25-2278, Att. A (part), 2025)

Nothing in this chapter shall affect the powers of the City or authorized law enforcement officers to prosecute violators of any stature of the State of California or other ordinances of the City.

(Ord. 25-2278, Att. A (part), 2025)

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