East Palo Alto Municipal Code Art. III Organization and Enforcement

The term "building official" refers to the building department, or division, supervisor, and his/her designated representatives. Whenever this code or the building and housing codes uses the terms "administrative authority," "responsible official," "chief inspector," "code enforcement officer," or "building inspector," they shall be construed to mean "building official" as defined in this chapter.

(Prior code § 9-1.301; Ord. No. 289, 12-7-2004)

The responsibilities of the building official are as follows:

A. The building official is authorized and directed to enforce all the provisions of this code and the construction codes within the city.

B. Whenever necessary to make an inspection to enforce any of the provisions of this code or the construction codes, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official; provided, that if such building or premises is occupied, he/she shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as provided in this chapter, promptly to permit entry therein by the building official or his/her authorized representative for the purpose of inspection and examination pursuant to this code or the construction codes. Any person violating this section shall be guilty of a misdemeanor.

C. Whenever any building work or installation work is being done contrary to the provisions of this code and the construction codes, the building official may order the work stopped by notice in writing served on any persons engaged in the work or any person causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed therewith.

If the person or persons to whom the stop work order is directed fails to comply therewith and continues construction in violation of adopted building codes, the building official shall issue a citation (violation citation) for violation of the stop work order, demanding payment of a fine of ten (10) times the amount of the building permit required to remedy the violation, but in no case less than five hundred dollars ($500.00); such fee to be set hereinafter by the adoption of the fee resolution of the city; and demand in writing immediate cessation of work pursuant to the stop work order.

If within ten (10) days of issuance of the stop work order the person or persons to whom the stop work order is directed fails to comply therewith, the building official shall issue a citation (first citation) for violation of the stop work order, demanding payment of a fine of two times the amount of the building permit required to remedy the violation, but in no case less than two hundred fifty dollars ($250.00); such fee to be set hereinafter by the adoption of the fee resolution of the city, and demand in writing immediate cessation of work pursuant to the stop work order.

If within thirty (30) days of issuance of the first citation for violation of the stop work order the person or persons to whom the stop work order is directed fails to comply therewith, the building official shall issue a citation (second citation) for violation of the stop work order and the first citation, demanding payment of a fine of ten (10) times the amount of the building permit required to remedy the violation, but in no case less than five hundred dollars ($500.00); such fee to be set hereinafter by the adoption of the fee resolution of the city; and demand in writing immediate cessation of work pursuant to the stop work order.

If within thirty (30) days of issuance of the second citation for violation of the stop work order the person or persons to whom the stop work order is directed fails to comply therewith, the building official shall refer the matter to the city attorney to seek appropriate civil remedies to ensure compliance and request that the city attorney prosecute such person for a misdemeanor for violation of this code or the construction codes.

Compliance with subsection C of this section shall require the person or persons to whom the stop work order is directed to submit all permit applications, pay all required fees and submit all information required to accompany the permit application within the time periods specified for remedy in this chapter, and to diligently process such applications to their final administrative remedy. Failure to receive city approvals shall require the person or persons to whom the stop work order is directed to tear down or remove the structure or condition in violation of local building codes within thirty (30) days of the final determination of the administrative decision by the city and to return the site to a safe condition in compliance with all local building and safety codes.

D. Whenever any building or structure or equipment therein regulated by this code and the construction codes is being used contrary to the provisions thereof, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person responsible for such use. Such person shall discontinue the use within ten (10) days after receipt of such notice or cause the structure, or portion thereof, to comply with the requirements of the codes.

E. The building official or his authorized representative shall have the authority to disconnect or order discontinuance of any utility service or energy supply to buildings, structures or equipment therein regulated by this code and the construction codes in cases of emergency or where necessary for safety to life and property. Such utility service shall be discontinued until the equipment, appliances, devices, piping or wiring found to be defective or defectively installed are removed or restored to a safe condition.

F. Neither the city, nor the building official shall be liable for any damages or injuries accruing to persons or property as a result of any act or omission by the building official in the discharge of his/her duties under this code or the construction codes.

G. The building official may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials and officers of public and private utilities.

H. The building official shall keep a permanent, accurate account of all fees and other moneys collected and received under this code and the construction codes, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.

(Ord. 184 § 1, 1995: Ord. 161 § 1, 1993: prior code § 9-1.302; Ord. No. 289, 12-7-2004)

The following provisions shall govern additions, alterations and repairs to, and changes of use or occupancy in, existing buildings:

A. For purposes of this section, the term "building or structure" means and includes any heating, cooling, ventilating, or similar mechanical equipment or system, any electrical equipment or system, and any plumbing equipment or system governed by the construction codes.

B. Any addition, alteration or repair to, or change of use of, or occupancy in a building or structure shall comply with the provisions of new buildings and structures as set out in the construction codes, except as may otherwise be provided in this section and the California Existing Building Code, latest adopted edition.

C. When additions, alterations or repairs within any twelve-month period exceed fifty (50) percent of the value of an existing building or structure, such building or structure shall be made in its entirety to conform with the requirements for new buildings or structures. However, repairs exceeding fifty (50) percent of the value of a building or structure which is connected to an individual sewage disposal system may be made within a twelve-month period and such building or structure shall not be required to conform in its entirety with the individual sewage disposal system requirements for new buildings or structures if all the following circumstances are present:

1. The building or structure is a single-family residence;

2. The repairs will not change the number and size of rooms in the building or structure;

3. The repairs are necessitated by accidental damage to the building or structure including, but not limited to, fire, earthquake or flood;

4. The owner of record at the time of the accident applies to the city for a building permit authorizing such repairs within one year of the accident;

5. The health officer determines that conformance with the individual sewage disposal system requirements for new buildings is physically impossible or practically impossible because of the prohibitive cost of such conformance;

6. The owner constructs or maintains a sewage disposal system which the health officer determines:

a. Complies as closely as practicably possible with the individual sewage disposal requirements for new buildings;

b. Will last the reasonable life of the repaired building or structure; and

c. Will not constitute a public or private nuisance.

A homeowner who is dissatisfied with a determination of the health officer pursuant to this section may appeal to the city council within thirty (30) days of written notification of the health officer's determination.

D. Additions, alterations and repairs exceeding twenty-five (25) percent but not exceeding fifty (50) percent of the value of the building or structure and complying with the requirements for new buildings or structures may be made to such building or structure within any twelve-month period without making the entire building or structure comply. The new construction shall conform with the requirements of the construction codes for a new building of like area, height, use and occupancy.

E. Structural additions, alterations and repairs to any portion of an existing building or structure within any twelve-month period, not exceeding twenty-five (25) percent of the value of the building or structure, shall comply with all of the requirements for new buildings or structures; except that such structural additions, alterations or repairs, when determined by the building inspector to be minor, may be made with the same material of which the building or structure is constructed. Such building or structure, including new additions, shall not exceed the limiting criteria for new buildings or structures.

F. Alterations or repairs, not exceeding twenty-five (25) percent of the value of an existing building or structure, which are nonstructural and do not affect any member or part of the building or structure and which meet fire resistance standards, may be made with the same materials of which the building or structure is constructed.

This subsection shall not apply to the installation or replacement of glass in hazardous locations. Such installation or replacement shall meet the standards for new buildings or structures.

G. Not more than twenty-five (25) percent of the roof covering of any building or structure shall be replaced in any twelve-month period unless the new roof covering is made to conform with the requirements for new buildings or structures.

H. Buildings or structures in existence at the time of the passage of this code may continue in their existing occupancy, if such use or occupancy was legal at the time of passage, provided such continued use is not dangerous to life.

No change in the character of occupancy or use of a building or structure shall be made without a certificate of occupancy. The building inspector may issue a certificate of occupancy without certifying that the building complies with all of the provisions of these codes so long as he/she finds to do so will not endanger life.

I. All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the construction codes in a building or structure when erected, altered or repaired, shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of buildings and structures.

J. Any building or structure moved into those areas of the city within the jurisdiction of the building inspector shall meet the standards required by the construction codes for new buildings and structures.

(Prior code § 9-1.303; Ord. No. 426, 12-17-2019)