Fontana Municipal Code Art. I In General

The requirements of this article are general in nature and apply to all of the sections and codes adopted by this chapter.

(Code 1968, § 8-1)

In the use and enforcement of these codes whenever any of the following names or terms are used they shall be deemed and construed as follows:

All-weather driving surface is a concrete or asphalt covering over base material and a roadbed compacted to 90 percent and of sufficient thickness to support the imposed loads of fire apparatus or that approved by the fire chief.

Assistants shall mean any deputy, inspector or other employee appointed or designated by the Building and Safety Manager of the City of Fontana to carry out the functions of chapter 5 of the Code of the City of Fontana.

Authority having jurisdiction shall mean the Director of Building and Safety of the City of Fontana.

Automatic fire detection system is an approved system which automatically detects a fire condition and actuates a fire alarm system device.

Building official and/or administrative authority as used in these codes shall mean the director of building and safety and his/her duly appointed deputies or designated representatives.

Carport is a roofed structure used for sheltering motor vehicles that is:

1. Only one story in height; and

2. Entirely open on two or more sides except for structural supports; and

3. Has no uses above the carport.

City shall mean the City of Fontana.

Corporation Counsel shall mean the City Attorney for the City of Fontana.

Dangerous Buildings Code shall mean the Uniform Code for the Abatement of Dangerous Buildings as adopted in chapter 5, article IX of the Code of the City of Fontana.

Fire Prevention Bureau shall mean the Fire Prevention Office of the Fontana Fire Protection District.

Fire prevention engineer, fire marshal or fire prevention officer shall mean that chief officer designated by the Fontana Fire Protection District as being in charge of the Fire Prevention Office of the Fontana Fire Protection District.

Municipality shall mean the City of Fontana.

Portable hot tub or spa means a non-permanent structure intended for recreational bathing, in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa or hot tub skirt, and is cord connected rather than permanently electrically wired.

Roof repair is the modification, repair, and or replacement of roofing material of less than 25 percent the total area of the existing roof.

Spa or hot tub listed safety cover means a locking safety cover that complies with the American Society for Testing Materials (ASTM) specifications and/or standards.

Swimming pool is any body of water or any structure that contains water over 18 inches deep. This includes without limitation all portable, moveable, collapsible, storable and permanent in-ground, above-ground and on-ground swimming pools, garden ponds, spas, hot tubs and wading pools.

Technical Codes are defined as chapter 5, chapter 11 and chapter 14 of the Code of the City of Fontana and any other code(s) that may be adopted by resolution of the city council.

(Code 1968, § 8-1(a); Ord. No. 1167, § 2, 11-7-95; Ord. No. 1301, § 2, 10-5-99; Ord. No. 1384, § 2, 11-19-02;Ord. No. 1544, §§ 4, 5, 3-27-07; Ord. No. 1568, § 2, 12-11-07; Ord. No. 1628, § 2, 4-12-11)

Cross reference— Definitions and rules of construction generally, § 1-2.

No permit shall be required under this chapter for any recognized public utility company for the installation, alteration or repair of service lines or pipes for the use of such company in the distribution, generation, transmission and metering of gas, electricity or water, or for testing of such equipment.

(Code 1968, § 8-1(b))

In addition to the fees adopted by this chapter, fees shall be charged when special inspection or information is requested by any person other than that covered by the code, and for such other such inspections and items as may be determined by resolution of the city council.

(Code 1968, § 8-1(f))

Any person, whether as principal, agent, employee or otherwise, interfering, obstructing or preventing, or causing the interference, obstruction or prevention, of the enforcement or performance of any of the provisions of this chapter or the provisions of any code adopted by this chapter by the director of building and safety or other authorized persons, and any person violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1-7; provided that no suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof that the violator shall comply with provisions which he has been convicted of violating and shall abate and correct the illegal conditions which he has brought about by the erection, construction, enlargement, alteration, repair, improvement or conversion of which he has been convicted. The conviction and punishment of any violation shall not relieve such person of liability to be compelled in appropriate civil or criminal proceedings to correct prohibited conditions or remove prohibited structures.

(Code 1968, § 8-1(g))

Prior to occupancy or permanent connection of utilities:

(1) Any structure or building shall be substantially complete and shall successfully pass a final inspection by the building official, or his/her designee, as set forth in article II of chapter 5 of the Code of the City of Fontana; and

(2) Any and all onsite and offsite improvements required by the planning commission, the Fontana Municipal Code, or any planning or zoning ordinance shall be completed to the satisfaction of the director of community development, or his/her designee; and

(3) All offsite improvements or other requirements of the department of engineering shall be completed and/or bonded to the satisfaction of the director of engineering, or his/her designee.

(Code 1968, § 8-1(h); Ord. No. 1628, § 3, 4-12-11)

On all construction projects there shall be provided adequate toilet facilities, acceptable to the health department, for all employees, if they are not available on the premises.

(Code 1968, § 8-1(i))

A police capital facilities fee shall be paid by the owners of all new or expanded development of real property as provided in this section.

(1) Amount of fee; conditions for payment. The fee due under this section shall be in an amount and paid upon such conditions as may be determined from time to time by resolution of the city council. The fees may be reviewed annually and revised as required based on the current estimated costs of the proposed capital facilities.

(2) Applicability. This fee shall be levied against such developments as may be designated from time to time by resolution of the city council.

(3) Due date. The fee required under this section shall be due as provided for in article V of chapter 21 of this Code.

(4) Construction in-lieu option. Pursuant to article VI chapter 21 of this Code, the city may allow partial or complete satisfaction of the fee required by this section through execution of an agreement requiring construction of public improvements and/or dedication of property.

(Ord. No. 1028, § 1(8-69), 8-20-91; Ord. No. 1236, § 2, 2-3-98; Ord. No. 1237, § 2, 2-3-98)

Cross reference— Planning and development, ch. 21; police, ch. 22.

A library capital facilities fee shall be paid by the owners of all new or expanded development of real property as provided in this section.

(1) Amount of fee and conditions for payment. The fee due under this section shall be in an amount and upon such conditions as may be determined from time to time by resolution of the city council. The fees may be reviewed annually and revised as required based on the current estimated costs of the proposed capital facilities.

(2) Development covered. This fee shall be levied against such developments as may be designated from time to time by resolution of the city council.

(3) Due date. The fee required under this section shall be due as provided for in article V of chapter 21 of this Code.

(4) Construction in-lieu option. Pursuant to article VI of chapter 21 of this Code, the city may allow partial or complete satisfaction of the fee required by this section through execution of an agreement requiring construction of public improvements and/or dedication of property.

(Ord. No. 1071, § 1, 2-2-93; Ord. No. 1236, § 3, 2-3-98; Ord. No. 1237, § 3, 2-3-98)

(a) Plans and specifications for landscaping. Upon submitting an application for issuance of a building permit for any of the following projects, the applicant shall submit final plans and specifications for approval by the city for the installation of landscaping:

(1) A commercial development for which private landscaping improvements are to be installed;

(2) An industrial development for which private landscaping improvements are to be installed;

(3) The development or improvement of a residential structure containing five units or more for which private landscaping improvements are to be installed; and

(4) A commercial development, industrial development or development or improvement of a residential structure containing five units or more for which the applicant is required to install landscaping within the public right-of-way.

(b) Landscaping installation; maintenance agreement. The applicant shall install the landscaping as described in the final plans approved by the city and as required by the city. The applicant shall also execute a landscape maintenance agreement which provides that the applicant will complete the landscaping in accordance with the plans approved by the city and maintain the landscaping installed by the applicant on private property for a period of three months and the landscaping installed by the applicant in the public right-of-way for a period of one year, such periods to commence with the latest of the following dates, as applicable:

(1) Issuance of the first certificate of occupancy for the development;

(2) Written certification by the department of building and safety that the landscaping has been satisfactorily completed; and

(3) With respect to landscaping in public rights-of-way, acceptance of landscaping by the city.

(c) Posting of security. The applicant shall post security with the city to guarantee the applicant satisfactory performance under the agreement. The security shall be in the form of one or more of the following, at the option of and subject to the approval of the city:

(1) A surety bond;

(2) A deposit of money with the city or an escrow company approved by the city;

(3) A letter of credit;

(4) A lien on real property; or

(5) Any other form of security, including a security interest in real property, which is acceptable to the city.

(Ord. No. 1084, § 1, 8-3-93)

Notwithstanding the requirements of the individual codes adopted by this article, and subject to the exceptions provided below, every permit issued by the building official, under the provisions of this code, shall expire by limitation and become null and void if the building or work authorized by such permit is not completed by the owner, owner's agent, or the permittee and approved by the city within the following time frame commencing on the date of such permit issuance:

(1) Residential: Room additions and interior/exterior remodeling and/or repair .....12 months

(2) Pools/spas .....12 months

(3) Patio covers, balconies, decks .....6 months

(4) Reroofing .....6 months

(5) Fireplaces .....6 months

(6) Commercial/industrial tenant improvement: interior and exterior remodeling (including small additions) .....12 months

(7) New building construction: .....

Commercial/industrial .....24 months

Residential .....24 months

(8) Grading .....12 months

(9) Plumbing, mechanical, electrical and solar (not associated with any of the above items) .....6 months

(10) Demolition .....6 months

(11) Plan check .....6 months

(12) Other .....6 months

Exception. Upon written request of the owner or permittee, the building official may extend the period for completion of construction for a period not to exceed 180 days. The written request must be submitted to the building official prior to the date of expiration of the permit in question and shall demonstrate that (1) due to circumstances beyond the owner or permittee's control, construction could not be completed in the above specified construction time period; (2) that reasonable progress has been made; (3) that the condition of the property presents no health or safety hazard; and (4) that the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. No permit shall be extended more than once. The building official, upon making a determination that there exists extenuating circumstances, may extend the period for completion of construction of a large commercial/industrial project for a period greater than 180 days.

Note. (1)

Reasonable progress shall mean a demonstration that all means reasonably available to the permittee to complete the work within the prescribed time have been exhausted.

(2) Remodeling is defined as construction of work which constitutes construction, enlargement, alteration, erection, repair, demolition or improvement, of an existing building, structure or other improvement located on a piece of property.

(Ord. No. 1167, § 2, 11-7-95)

During repair, enlargement, construction, remodel, improvement or alteration, all property shall be maintained in a reasonable clean and well-kept manner. All lumber and building materials shall be neatly piled or stacked in a safe manner.

All lumber and building materials used in conjunction with a residential addition, remodel or repair shall be stored in the rear yard of the residential property or inside the building construction perimeter.

Exception. Building materials may be stored in a front yard, as long as a safety hazard is not created, for a period not to exceed 30 days.

The exterior walls and roofs of buildings or structures in conjunction with a residential addition, remodel or repair shall be covered with finished materials, in accordance with city-approved plans and the building code within six months from the commencement of construction. A waiver of this requirement may be obtained from the building official or his/her designated representative if the construction is screened from view from adjacent occupied, public property or public right of way with fencing materials approved by city zoning and building regulations.

(Ord. No. 1167, § 2, 11-7-95)

The city's amendments to the state uniform codes set forth in this chapter shall not be applicable to property which is the subject of a development agreement, when; (1) the city's amendments vary from the laws made applicable to the developer pursuant to their development agreement, and; (2) those property owners have objected to such changes pursuant to the applicable provisions of their development agreement. Property for which the city due to such a development agreement, shall be subject to the following: (1) any and all amendments to the uniform codes adopted by the bodies promulgating the uniform codes; (2) any amendments that were amended in accordance with the development agreement or other subsequent agreement, and; (3) any stricter or more specific local city amendments to those codes that were in effect at the time the applicable development agreement was entered into.

(Ord. No. 1167, § 2, 11-7-95)

(a) No grading permit shall be issued to any person if the proposed grading would result in a violation of the NPDES permit, as defined in section 23-508, or in a violation of article IX of chapter 23.

(b) The building official shall impose conditions on all grading permits to require compliance with the NPDES permit and with article IX of chapter 23. Such conditions may include the imposition of best management practices ("BMPs").

(c) The building official is authorized to enforce the requirements of the NPDES permit and article IX of chapter 23 against any person who fails to comply with the requirements of this chapter.

(d) A violation of the NPDES permit or article IX of chapter 23 may result in the revocation of any grading permit issued pursuant to this chapter.

(Ord. No. 1442, § 1, 3-2-04)

Editor's note— Ord. No. 1442, § 1, adopted March 2, 2004, enacted provisions intended for use as § 5-14, subsections (1)—(4). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (a)—(d).