§ 105.5

permit has expired, will be based on a quantitative estimation of inspections deemed necessary for completion. If costs for providing services to the project exceed the estimated fees collected at permit issuance, additional fees will apply. Said fees will be in accordance with the City's Building Division Fee Schedule established by resolution of the City Council. It is the responsibility of the permittee to schedule all inspections necessary for a permit to remain current and valid. All inspections for this purpose must verify progress.

abate dangerous, substandard, and/or illegal conditions. In such cases, the Building Official will establish the expiration at 30, 60, 90, or 180 days depending on the health and/or safety hazards. Such permit term limitations may be shorter if deemed appropriate and/or necessary by the Building Official.

Section 109.2 "Schedule of Permit Fees" is amended to read as follows:

Section 109.2 Schedule of Permit Fees. All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley from time to time. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical, and plumbing work and shall be established by the City's Building Division Fee Schedule established by resolution of the

City Council. Where plans are incomplete or changed to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.

Section 109.2.1 "Reinspections" is hereby added to read as follows:

Section 109.2.1 Reinspections. A reinspection fee will be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. With regard to reinspection, if the work is not complete and correct at the first reinspection, a minimum reinspection fee which shall be established by resolution of the City Council from time to time, shall be charged for any and all subsequent re-inspections for the same work. To obtain a reinspection the applicant shall first pay the reinspection fee(s) which are established by resolution of the City Council. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fee(s) have been paid.

Section 109.2.2 "Investigation Fee" is hereby added to read as follows:

Section 109.2.2 Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether a permit is subsequently issued. The investigation fee shall be equal to one (1) times the amount of the permit(s) fees required by this code for a first violation and two (2) times the amount of the permit(s) fee(s) required by this code for any subsequent violation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by law.

Section 109.4 "Work Commencing Before Permit Issuance" is hereby amended to read as follows:

Section 109.4 Work Commencing Before Permit Issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining such permit, a special investigation shall be made before a permit may be issued for such work.

Section 113 "Means of Appeals" is amended, in its entirety, to read as follows:

Section 113 Means of Appeals.

Section 113.1 General. The Construction Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the Building Official or the Chief of the Fire Department of the City of Grass Valley or an authorized representative relative to the application and interpretation of this Code and shall provide reasonable determinations of decisions rendered by the officials charged with the responsibility of enforcing the Building and Fire Codes adopted by the City of Grass Valley, as amended from time to time including, but not limited to those adopted pursuant to Chapter 15.02 of the Grass Valley Municipal Code. The Construction Board of Appeals may be appointed in accordance with section 113, or the City may utilize the Nevada County Building and Accessibility Standards Board of Appeals (County Board) to address appeals of this Code. Should the County Board be utilized to conduct an appeal hearing, the County's adopted appeal process shall be utilized.

Section 113.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction has been proposed. The Construction Board of Appeals shall have no authority relative to interpretation of the administrative

provisions of these codes nor shall the Board be empowered to waive requirements of these codes. Any cost for tests or research required by the Board to substantiate the claim of the appellant shall be the sole responsibility of the appellant.

Section 113.3 Qualifications. The Construction Board of Appeals shall consist of five (5) members, all of whom must be residents of Nevada County. The five (5) members shall consist of one (1) civil engineer (in the case of an appeal of an interpretation of the California Fire Code, the engineer shall be a fire protection engineer), one (1) architect and one (1) contractor, and two (2) persons representing the general public. All members shall be appointed by the city council. No city officer or employee shall serve on the Construction Board of Appeals. Three (3) appointees shall serve for four (4) years. Two (2) appointees shall serve for two (2) years. Thereafter, all appointees shall serve for four (4) years.

Section 113.4 Building Official Ex-Officio member. The Building Official for the City of Grass Valley shall be an ex-officio member of the Board, and shall act as secretary of said Board, but shall have no vote.

Section 113.5 Rules, Decisions, Legislative Recommendations. The Board shall adopt reasonable rules and regulations for conducting its investigations and render all decisions and findings in writing to the department head with a duplicate copy to the appellant.

Section 113.6 Appeals to Board. Any person aggrieved by a decision of the official charged with the responsibility of enforcing the respective codes may, within ten (10) working days of the decision, appeal to the Board of Appeals for a hearing. The appeal must be in writing and accompanied by a filing fee which shall be established by resolution of the City Council from time to time. The appeal shall be filed with the City Clerk and respective official. A form will be provided at the City Clerk's office. No other form shall be used. All supporting documents shall be submitted with the form at the time of filing the appeal.

Section 113.7 Hearing. The City Clerk shall schedule a hearing within fifteen (15) days of receiving the request for hearing and give notice of the time, place, and subject matter of the hearing on the appeal to the person filing the appeal, subject official whose decision is involved and each member of the Board. The hearing shall be informal. The Board shall announce its decision within five (5) days after the hearing has concluded.

Section 113.8 Finality of Decision. The decision of the Construction Board of Appeals hereunder shall be the final administrative decision, and no provision of any ordinance of the City shall be interpreted as permitting a further administrative appeal to the city council or any other city board or commission. Nothing in this section shall be interpreted as providing a request to the city council to amend any ordinance, a change in zoning classification, or an application for relief from a court.

Section 114 "Violations" is amended, in its entirety, to read as follows:

Section 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure, or building service equipment or cause or permit the same to be done in violation of this code and the technical codes as amended and adopted by the city. The use or occupancy of any building in violation of any of the provisions of this code or the technical codes as adopted by the city is declared to be a public nuisance and may be abated in the manner provided by law.

Section 114.2 Notice of Violation. The Building Official and his or her deputy inspectors shall be vested with the necessary powers and duties for the exclusive purpose of enforcing provisions of this Code and it shall be their duty to issue any warnings or citations for violations to serve a notice of violation or order on the person responsible for the erection, construction, alteration, expansion, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Any citation issued by the Building Official or deputy inspector shall state the time, date and place the person cited shall appear in court. The appearance date shall be at least ten (10) days after the date of the citation.

Section 114.3 Prosecution of Violation. If a notice of violation is not complied with as directed, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. The Building Official or the deputy inspectors in issuing any citation shall comply with the applicable provisions of the Penal Code Section 853.6 excepting that provision which requires arrest whenever a person has refused to sign the citation in which event neither the Building Official nor any deputy inspector shall take or attempt to take into custody any such person refusing to sign the citation.

Section 114.4 Violation Penalties. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by a fine not to exceed one thousand ($1,000.00) dollars or by imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.

Section 1.11.2.1.1 of the General Code Provisions is amended to read as follows:

Section 1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the Office of the State Fire Marshal shall be, except as provided in Section 1.11.2.1.2, as follows:

The City with jurisdiction in the area affected by the standard or regulation shall delegate the joint enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to the following:

1.1.

The Chief of the Fire Department of the City of Grass Valley or an authorized representative.

1.2.

The Building Official of the City of Grass Valley or an authorized representative.

Section 1608 "Snow Loads" in Chapter 16 Volume II Structural Design is amended to read as follows:

Section 1608.2 Ground snow loads. The incorporated limits of the City of Grass Valley are declared a snow area. Buildings, other structures, and all portions thereof that are subject to snow loading shall be designed to resist snow loads. Except as provided in this section, snow load requirements shall be pursuant to California Building Code Section 1608A. In no case may the roof snow load be less than 34.2 psf. (Based on 49 psf. Ground Snow Load).

Section J103 "Permits Required" of Appendix J is hereby amended to read as follows: Section JI03.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the City of Grass Valley City Engineer or authorized representative. All approved grading plan submittals shall be included as part building permit plan submittals prior to the issuance of the building permit by the Building Official. A grading permit does not include the construction of retaining walls or other structures.

Joint enforcement of the building standards relating to Grading Appendix J, Volume II of the 2022 California Building Code of Part 2 of the California Building Standards Code and the City of Grass Valley Development Code, Title 17, Article 6, "Site Development Regulations".

1.1.

The City Engineer of the City of Grass Valley or an authorized representative.

1.2.

The Building Official of the City of Grass Valley or an authorized representative.

(Ord. No. 821, § 5, 12-13-2022)