El Monte Municipal Code Ch. 15.09 Certificate of Occupancy

A Certificate of Occupancy provides evidence that the building, structure or other improvement, complies substantially with the plans and specifications that were submitted to, and approved by, the city. Such certificates are necessary to document that the building, structure or other improvement was safely constructed and can be occupied for an authorized use. They are also necessary in order to legally sell the building, structure or other improvement.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

For purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:

A. Whenever the term "applicant" is used, it shall mean any person who applies for a certificate of occupancy and, if necessary, a property inspection report.

B. Whenever the term "Building Division" is used, it shall mean the El Monte Building Division.

C. Whenever the term "Building Official" is used, it shall mean the Chief Building Official for the city of El Monte or his or her duly designated, City-employed designee.

D. Whenever the term "City" is used, it shall mean the city of El Monte, a municipal corporation and general law city.

E. Whenever the term "City Council" is used, it shall mean the El Monte City Council the legislative body for the city of El Monte.

F. Whenever the terms "must" and "shall" are used in a sentence, it shall mean that an action or prohibition set forth is imperative and mandatory.

G. Whenever the term "nonresidential" is used as a modifying adjective to describe the type of use, occupancy or purpose associated with certain type of real property, building, structure, improvement or portion thereof, it shall mean real property, buildings, structures, improvements or portions of thereof that do not fall within the definition for "residential" as defined under this section. Use, occupancies and/or purposes considered "nonresidential" in nature include, but are not limited to, the following: industrial; commercial; retail or wholesale sale; manufacturing; office; mini-mall; personal care facilities; entertainment; restaurant, dining or other food preparation; on-sale liquor establishment and off-sale liquor establishment; storage; agricultural; hotel, motel, motor hotel, inn, boarding house, or lodging house provided the use of each legally permitted guest unit satisfies the restrictions set forth under Section 5.48.080 of this code; nonresidential portions of a mixed use developments; multiple tenant developments; and any type of use, occupancy or purpose for which a business license or combination of business license and business permit is required.

H. Whenever the term "person" is used, it shall mean any natural person or grouping natural persons such as tenants in common, husband and wife, joint tenants with right of survivorship and the like; any general partnership, limited partnership or limited liability partnership; any corporation or limited liability company whether for profit or not-for-profit; any organization whether for profit or not-for-profit; any business trust, living trust or joint venture; or any legal entity holding title to real property or serving as the agent for another person holding title to real property.

I. Whenever the term "real property" is used, it shall mean all or any portion of a parcel of real estate located within the city inclusive of any buildings, structures or other constructed thereupon.

J. Whenever the term "residential" is used as a modifying adjective to describe the type of use, occupancy or purpose associated with a certain type of building, structure, improvement or portion thereof, it shall necessarily refer to any building, structure, improvement or individual dwelling unit within such a building, structure or improvement which (1) is specifically and exclusively designed for and occupied by, or available for occupancy by, a single household as a place of residence; (2) contains one legally permitted kitchen per household residing in the building, structure, improvement or individual dwelling unit; and (3) contains at least one bathroom equipped with a toilet and a shower or bath tub. "Residential" when used as a modifying adjective to describe a certain type of real property, shall refer to real property or any portion thereof that is lawfully zoned for any of the types buildings, structures or improvements described in the preceding sentence. The foregoing notwithstanding, the use, occupancy or reoccupancy of a legally permitted guest room within a legally permitted hotel, motel, motor hotel, inn, boarding house, or lodging house in the normal course of business shall be considered "nonresidential" in nature, provided its use satisfies the restrictions set forth under Section 5.48.080 of this code. Any residential dwelling or residential dwelling unit located within a mixed-use development shall also be considered "residential" in nature.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

No person shall occupy or otherwise use, or permit the occupancy or use of all or any portion of the following until a Certificate of Occupancy is applied for and then issued by the Building Official for the following:

A. Any building, structure or other improvement constructed upon all or any portion of real property;

B. Any building, structure or other improvement that has been altered, added to, enlarged or moved upon all or any portion of real property;

C. Any real property, building, structure or other improvement that has been sold, exchanged, transferred or otherwise conveyed, excluding the sale, exchange, transfer or conveyance of any multi-family residential building containing five (5) or more residential dwelling units (The provisions of Section 15.06.070 (Property Inspection Report) of this chapter shall also apply in the case of certain sales, exchanges, transfers and conveyances identified under that section);

D. All or any portion of any nonresidential building, structure or other improvement rented, leased, licensed or whose occupancy or reoccupancy is otherwise permitted by the owner or any agent of the owner; and

E. All or any portion of any real property, building, structure or other improvement whose legally permitted use is changed.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Changes in Residential Tenancies. The issuance of a new Certificate of Occupancy shall not be required for a simple change in tenancies with respect to any lawful dwelling or dwelling unit leased or otherwise rented for residential purposes.

B. Transient Occupancy. A Certificate of Occupancy shall not be required for the transient occupancy or reoccupancy of a legally permitted guest room within a legally permitted hotel, motel, motor hotel or inn as part of its normal course of business. In order to be considered "transient" under this section, each individual occupancy or reoccupancy of an individual guest room/unit must be for a period of less than thirty (30) consecutive days and no individual guest unit may be occupied or reoccupied by the same person for more than sixty (60) consecutive days total within any one hundred eighty (180) consecutive day period.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Application. Applications for a Certificate of Occupancy shall be made on the appropriate form. The Building Official shall determine the minimum filing procedures, content and form of materials which must be submitted before the Building Division can review and take action on the request. The filing procedures and applications shall be published and made available to the public. An application for a Certificate of Occupancy must be submitted concurrently with an application for a building permit. No petition shall be received unless it complies with all filing requirements.

B. Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Building Division.

C. General Property Inspection. Once a complete and accurate application for a Certificate of Occupancy is submitted to, and accepted by, the Building Division, an inspection date for the real property in question shall be scheduled and the applicant shall thereafter make the real property available for such inspection by the Building Official on the date scheduled.

D. Issuance of a Certificate of Occupancy. A Certificate of Occupancy shall be issued within ten (10) business days from the date the Building Official determines all of the following conditions are met:

1. A complete and accurate application for a Certificate of Occupancy is on file with the city;

2. The real property complies with all discretionary land use authorizations affecting the real property; and all other real property related provisions of the El Monte Municipal Code, most notably the provisions of this Title and Title 17 (Zoning Code);

3. The real property in question complies with all other provisions, requirements and restrictions of this chapter; and

4. All violations and deficiencies identified in the course of the inspection have been corrected and approved by the Building Division.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Content. Each Certificate of Occupancy pursuant to this chapter shall state:

1. The date of issuance;

2. The authorized occupancy for the subject real property;

3. The legally permitted use for the subject real property;

4. Restrictions as determined by the Community Development Director and/or the Building Official in the interest of safeguarding the public health, safety, morals, and welfare, and the identification of all land use restrictions (e.g., Conditional Use Permits, Modifications, Variances, Design Review approvals, Tentative Tract Maps, Tentative Parcel Maps);

5. The street address and legal description of the subject real property;

6. The name of the person to whom the Certificate of Occupancy is issued; and

7. The certification that the subject real property complies with all provisions of the El Monte Municipal Code relating to zoning, building standards, and maintenance to the best knowledge of the Building Division at the time of issuance.

B. Nonconforming Properties. A Certificate of Occupancy issued for real property bearing the status of a nonconforming use, building or structure shall also state that the subject real property is a nonconforming use, building or structure. The requirements of this subsection shall apply to all real property bearing the status of a nonconforming use, building or structure on or after the effective date of this chapter.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Following the submission of a complete and accurate application for a Certificate of Occupancy but prior to the issuance of a Certificate of Occupancy, the Building Official may issue a Temporary Certificate of Occupancy if:

1. The Building Official determines the real property in question is in substantial compliance with the requirements of this chapter and all other real property related provisions of this title and any building or structure, or portion thereof, is deemed safe for occupancy by the Building Official; and

2. The applicant makes a clear and convincing showing of good faith efforts to timely complete the correction of all outstanding violations and deficiencies identified by the Building Official; and

3. The applicant posts a compliance bond with the city to guarantee the full and timely completion of all required corrections. The amount of the compliance bond shall be determined by the Building Official using such criteria and methodology as may be adopted, and from time to time revised and/or modified, by City Council Resolution.

B. An applicant's failure to correct all deficiencies within the time period specified on the Temporary Certificate of Occupancy shall constitute a violation of this chapter.

C. A Temporary Certificate of Occupancy shall automatically expire fourteen (14) calendar days from the date in which all outstanding corrections were to be completed or automatically upon the issuance of a Certificate of Occupancy. Absent the issuance of a Certificate of Occupancy, no person may continue to occupy or otherwise use the real property, or any portion thereof, that is the subject of a Temporary Certificate of Occupancy upon the expiration of the Temporary Certificate of Occupancy.

D. The Property Inspection Report requirements of Section 15.06.060 (Temporary Certificate of Occupancy) of this chapter shall only apply in the case of certain sales, exchanges, transfers or conveyances of real property.

E. A Temporary Certificate of Occupancy is valid for ninety (90) days. After that time-period, it shall be renewed monthly. However, in no event shall a building, structure or other improvement, or any portion thereof, be occupied for more than one year under a Temporary Certificate of Occupancy.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. An application for a Certificate of Occupancy must first be submitted and a Certificate of Occupancy issued by the Building Official before real property that is both vacant and unimproved may be occupied or used for any purpose.

B. Absent the issuance of a Certificate of Occupancy, real property that is both vacant and unimproved may only be used for the limited purpose of tilling soil and growing farm, garden or orchard products, provided such real property is lawfully zoned for such uses.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

Editor's note— Ord. No. 3055, § 2, adopted June 11, 2025, repealed § 15.09.080, which pertained to property inspection report and derived from Ord. No. 3011, § 3(Exh. A), 6-21-2022.

A. Violation of Certificate of Occupancy/Temporary Certificate of Occupancy. No person shall violate or fail to comply with each and every term, condition, requirement or restriction set forth in a Certificate of Occupancy or Temporary Certificate of Occupancy issued pursuant to this chapter.

B. Violation of this Chapter. The violation of any provision of this chapter shall constitute a misdemeanor. Any person convicted of a violation of this chapter shall be punished by a fine not exceeding $20,000.00 or by imprisonment in jail for a period not exceeding six (6) months, or a combination of both fine and imprisonment.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. Appeals on Building Official Decisions:

1. If an applicant is dissatisfied with any requirement, ruling, finding, or disapproval of this chapter by the Building Official, he or she may file an appeal with the City Clerk to have the case reviewed by a Hearing Officer.

2. The Hearing Officer shall make a decision within sixty (60) days of the complete submission of the appeal. The decision of the Hearing Officer shall be final.

B. Submittal Requirements. The appeal shall be made in writing and shall state the basis for disputing the determination. In addition, it should include any tangible evidence and/or authority supporting the appellant's position.

C. Time Limits. The appeal must be submitted within ten (10) days following the date of the decision. If City Hall is closed on the tenth day, the deadline shall automatically extend to the next day City Hall is open to the public.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

Before accepting an application for filing, the Building Division shall collect a fee for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter. The amount of the fees collected shall be in accordance with the most recently adopted City Council resolution.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)