East Palo Alto Municipal Code Art. II Title, Purpose, Scope and General Provisions

Editor's note— Ord. No. 334, § 4, adopted July 20, 2010, repealed § 15.04.060, entitled, "Title" which derived from: Prior code § 9-1.201; Ord. No. 289, adopted Dec. 7, 2004; and Ord. No. 309, § 1, adopted Jan. 8, 2008.

Editor's note— Ord. No. 334, § 4, adopted July 20, 2010, repealed § 15.04.070, entitled, "Purpose" which derived from Prior code § 9-1.202.

The provisions of this code and of the construction codes referred to in this chapter shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure, and the equipment therein, in the city. Such provisions do not apply to buildings or structures located primarily in a public way, public utility towers and poles, hydraulic flood control and drainage structures and similar works and equipment.

(Prior code § 9-1.203)

Where a conflict exists between provisions of this code, the construction codes, or other applicable laws, rules or regulations, that provision shall govern which is more restrictive, and which imposes a higher standard of safety.

(Prior code § 9-1.204)

It is unlawful for any person, firm or corporation to erect, install, construct, enlarge, alter, repair, move, improve, remove, replace, convert, equip, use, occupy, maintain or demolish any building, structure or equipment therein regulated by this code or the construction codes, or cause the same to be done, contrary to or in conflict with or in violation of any of the provisions of this code or codes.

Any person, firm or corporation violating any of the provisions of this code or the construction codes shall be deemed guilty of a misdemeanor as provided in Title 1 of the Municipal Code of the City of East Palo Alto.

Each and every day the violation remains shall be considered a separate offense.

(Prior code § 9-1.206; Ord. No. 289, 12-7-2004)

Editor's note— Ord. No. 334, § 4, adopted July 20, 2010, repealed § 15.04.110, entitled, "Alternative materials, methods and standards" which derived from: Prior code § 9-1.207; and Ord. No. 289, adopted Dec. 7, 2004.

Whenever there is insufficient evidence of compliance with this code or the construction codes, or evidence that any material or construction does not conform with their requirements, the building official may require tests as proof of compliance to be made at the expense of the owner, supplier or manufacturer, or their agents.

Test methods shall be as specified by this code or the construction codes or by nationally recognized test standards. If there are not recognized and accepted test methods for the proposed alternative material, method or standard, the building official shall determine the test procedures.

All tests shall be made by an approved agency as determined by the building official. Reports of such tests shall be retained for a period of not less than two years.

(Prior code § 9-1.208; Ord. No. 289, 12-7-2004)

A. Hours of Construction Activity.

B. Exceptions.

1. Operations which do not generate audible noise levels outside of the structure.

2. An emergency situation exists where the construction is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety.

3. Hours of operation specified in the conditions of approval, for the specified project, as approved by the planning commission.

4. Projects which are not subject to the authority of the building official of the city.

Violation of these requirements may be subject to review and modification of the building permit by the building official. Modifications may range from restrictions on working hours to stop work notices issued.

C. Penalties. Violation of this code is considered as a misdemeanor and penalties are applied in accordance with provisions of applicable city ordinances.

(Ord. 275, 2003; Ord. No. 426, 12-17-2019)