Indio Municipal Code Ch. 151 Buildings

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

Appeals under this chapter, including appeals as to any decision, order or determination of an official arising from or relating to the most recent version of the California Building Codes or any other codes adopted by this chapter, may be appealed to the Indio Consolidated Appeals Board in the manner specified with respect to appeals under Chapter 95B of this Code. One purpose of this appellate provision is to allow due process of law to persons affected by administrative orders related to the use, maintenance, or change of occupancy of buildings and structures, including but not limited to requirements governing alteration, additions, repair, demolition, moving, or vacation.

Subchapter 2. California Administrative Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Administrative Code (CAC) as published by the International Code Council, is hereby adopted by reference and shall become the administrative code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structures in the City. The 2025 California Administrative Code is on file for public examination in the office of the Building Official.

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

In the event of a conflict between any provisions contained in the Administrative Code and the administrative provisions of the Code of Indio, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or that it will more fully promote the intent of the Code of Indio.

Subchapter 3. California Building Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

Except as provided in this chapter, the 2025 California Building Code (CBC), incorporating the 2024 International Building Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference and shall become the building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Building Code is on file for public examination in the office of the Building Official.

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

(A) Chapter 1, Section 101.2 Scope, is amended as follows:

101.2. Delete the paragraph entitled "Exception" in its entirety.

(B) Chapter 1, Section 101.4.4, is amended to read as follows:

101.4.4 Property maintenance. The provisions of the California Existing Building Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

(C) Chapter 1, Section 105.2 is amended by deleting Items (2) and (4) in their entirety and amending Item (1) under the heading "Building" to read as follows:

1. Non-permanent, one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, may be excluded provided the proposed work meets City of Indio Zoning regulations.

(D) Chapter 1, Section 107.3.1 is amended to read as follows:

107.3.1

(A) Approval of construction documents. When the Building Official issues a permit, the construction documents shall be approved in writing, or by stamp, as "Approved". One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant and shall be kept at the site of work, and shall be open to inspections by the Building Official or duly authorized representatives.

(B) Approval Scope & Liability Disclaimer. Notwithstanding the use of the term "Approved," the City's review and approval of construction documents is solely for general conformance with the California Building Standards Code, this Code, and other laws enforced by the City at the time of permit issuance. Such approval does not constitute an opinion, certification, or warranty by the City or any of its elected and appointed officials, officers, employees, agents, contractors, attorneys or any other person acting on the City's behalf (collectively, the "City") as to the accuracy, adequacy, or completeness of the design; the structural integrity, life-safety, accessibility, energy performance, or fire-resistive qualities of the work; the means and methods of construction; or the absence of errors or omissions. Responsibility for the design and for compliance with all applicable laws and professional standards remains solely with the owner, the design professional(s) of record, and the contractor(s). City approval shall not be construed to authorize a violation of any law or to waive any requirement thereof, and the City may require corrections whenever errors, omissions, or violations are discovered in the documents or in the field, notwithstanding any prior approval or inspections. Any reliance by the owner, permittee, or third parties on City review, approval, or inspections is at their own risk and does not create a special duty or third-party beneficiary relationship. To the fullest extent permitted by law, including but not limited to the immunities and defenses provided by Government Code sections 818.4, 818.6, 815.2(b), and 820.2, the City and its officers, employees, and agents shall have no liability for any injury, loss, or damage arising out of or related to the review, approval, issuance, or denial of permits; plan checking; inspections; or enforcement actions or omissions related thereto.

(E) Chapter 1, Section 108.1 is amended to read as follows:

108.1 General. The Building Official is authorized to issue a permit for temporary structures or temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days or as determined by the Building Official. The Building Official is authorized to grant extensions for demonstrated cause.

(F) Chapter 1, Section 109.4 and Section 109.5 are amended to read as follows:

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 said permit, a special investigation shall be made before a permit may be issued for such work.

109.5 Related fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee set forth in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(G) Chapter 1, Section 111.3 is amended to read as follows:

The Building Official is authorized to issue a temporary Certificate of Occupancy before the completion of the entire work covered by the permit, provided such portion of portions shall be occupied safely. The Building Official shall set a time period during which the temporary Certificate of Occupancy is valid. In addition, any temporary Certificates of Occupancy shall comply with the following:

1. 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 permit for commercial structures and tenant improvements only if:

2. The Building Official's issuance of a temporary Certificate of Occupancy permit may include conditions of approval that shall be complied with in order for the permit to remain valid.

3. An applicant's failure to address outstanding conditions, requirements, violations or deficiencies within the time period specified for the approval of the temporary Certificate of Occupancy or extensions thereof shall constitute a violation of this chapter and the immediate revocation of the authorization of the temporary Certificate of Occupancy.

4. No temporary certificate of occupancy shall set forth a time period for the completion of all corrections that is greater than thirty (30) calendar days, unless extended by the Building Official. The Building Official, at his or her discretion, may issue time extensions in thirty (30) calendar day increments. Each extension shall only be granted by the Building Official if he or she makes written findings of the necessity for said extension.

5. Any and each extension of a temporary certificate of occupancy shall not be issued until the applicant pays the required fee as approved by the City Council.

6. A temporary Certificate of Occupancy shall automatically expire thirty (30) calendar days from the date issuance, unless extended by the Building Official.

If an applicant occupies a space, structure and premises subject to a temporary Certificate of Occupancy permit authorization following revocation of said authorization, the Building Official shall immediately post the space, structure and premises with a Do Not Occupy order and require the immediate removal of all persons and implement and/or refer the matter for code enforcement action.

Chapter 2, Definitions, is hereby amended to read as follows:

[A] BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. The Building Official shall be the Chief Building Official of the City of Indio as appointed by the City Manager. In the absence of the appointed Chief Building Official, the Community Development Director, as appointed by the City Manager, shall serve as the Building Official.

(H) Chapter 16, Section 1613.1 is hereby added to read as follows:

1613.1 ASCE 7, Exception 1. Modify ASCE 7 Exception 1 to read as follows:

1. Detached one and two family dwellings up to two stories in height of light frame construction.

(I) Section 3114 is hereby added to and Section 202, Section 3101.1 and Chapter 35 is amended to read as follows:

SECTION 202

DEFINITIONS

INTERMODAL SHIPPING CONTAINER. A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.

SECTION 3101

GENERAL

The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems, and intermodal shipping containers.

SECTION 3114

INTERMODAL SHIPPING CONTAINERS

The provisions of Section 3114 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.

Exceptions:

1. Stationary storage battery arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.

2. Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular datacenters, and other similar equipment.

3. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3114 provided they comply with all of the following:

4. Intermodal shipping containers approved as temporary structures complying with Section 3103.

5. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3114.

Intermodal shipping containers shall bear the manufacturer's existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.

1. Manufacturer's name or identification number.

2. Date manufactured.

3. Safety approval number.

4. Identification number.

5. Maximum operating gross mass or weight (kg) (lbs).

6. Allowable stacking load for 1.8G (kg) (lbs).

7. Transverse racking test force (Newtons).

8. Valid maintenance examination date.

Where approved by the building official, the markings and manufacturer's existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.

Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.

Exception: Single-unit stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.

Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section.

3114.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23.

3114.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.

3114.8.2 Welds. All new welds and connections shall be equal to or greater than the original connections.

3114.8.3 Openings in containers. Where openings are made in container walls, floors, and roofs for doors, windows and other similar openings:

1. The openings shall be framed with steel elements that are designed in accordance with Chapter 16 and Chapter 22.

2. The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.

3114.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.

Exception: Intermodal shipping containers that meet the limitation of Section 3114.8.5.1 and designed in accordance with the simplified procedure in Section 3114.8.5.

3114.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by material testing where the steel grade and composition cannot be identified by the manufacturer's designation as to manufacture and mill test.

3114.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with one of the following:

1. Where all or portions of the intermodal shipping container sides are considered to be the seismic force-resisting system, design and detailing shall be in accordance with the ASCE 7 Table 12.2-1 requirements for light-frame bearing-wall systems with shear panels of all other materials.

2. Where portions of intermodal shipping container sides are retained, but are not considered to be the seismic force-resisting system, an independent seismic force-resisting system shall be selected, designed and detailed in accordance with ASCE 7 Table 12.2-1, or

3. Where portions of the intermodal shipping container sides are retained and integrated into a seismic force-resisting system other than as permitted by Section 3114.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7 Section 12.2.1.1 or 12.2.1.2.

3114.8.4.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls and end walls shall be demonstrated by testing and analysis in accordance with Section 104.11. Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.

3114.8.5 Simplified structural design procedure of single-unit containers. Single-unit intermodal shipping containers conforming to the limitations of Section 3114.8.5.1 shall be permitted to be designed in accordance with Sections 3114.8.5.2 and 3114.8.5.3.

3114.8.5.1 Limitations. Use of Section 3114.8.5 is subject to all the following limitations:

1. The intermodal shipping container shall be a single stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.

2. The intermodal shipping container's top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.

3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom.

3114.8.5.2 Structural design. Where permitted by Section 3114.8.5.1, single-unit stand-alone intermodal shipping containers shall be designed using the following assumptions for the side walls and end walls:

1. The appropriate detailing requirements contained in Chapters 16 through 23.

2. Response modification coefficient, R = 2,

3. Over strength factor, Ω0 = 2.5,

4. Deflection amplification factor, Cd = 2, and

5. Limits on structural height, hn = 9.5 feet (2900 mm).

3114.8.5.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3114.8.5.2 shall be in accordance with Table 3114.8.5.3, provided that all of the following conditions are met:

1. The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3114.8.5.3(1).

2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force resisting system, as shown in Figure 3114.8.5.3(2).

3. All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3114.8.5.3(3).

4. A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than 16 square inches (10 322mm2) for electrical boxes, is permitted for each individual 8 feet length (2438 mm) lateral force resisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container's vents shall not be considered a penetration, as shown in Figure 3114.8.5.3(4).

5. End wall door or doors designated as part of the lateral force resisting system shall be welded closed.

TABLE 3114.8.5.3 ALLOWABLE SHEAR VALUES FOR INTERMODAL SHIPPING CONTAINER SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING

1. The allowable strength for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496-1 and reduced by a factor of safety of 5.

2. Container designation type is derived from ISO 668.

3. Limitations of Sections 3114.8.5.1 and 3114.8.5.3 shall apply.

(J) Chapter 17, Section 1704.6 is amended to read as follows:

1704.6 Structural observations. Where required by the provisions of Section 1704.6 or 1704.6.1, the owner or the owner's authorized agent shall employ a registered design professional structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner's authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.

Observed deficiencies shall be reported in writing to the owner or owner's authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer's knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have.

(K) Chapter 17, Section 1704.6.1 is hereby amended to read as follows:

1704.6.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV.

2. The structure a lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.

(L) Chapter 17, Section 1705.3 is hereby amended to read as follows:

The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f'c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4. Concrete patios, driveways and sidewalks, on grade.

(M) Chapter 18, Section 1807.1.4 is hereby amended to read as follows:

1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.

(N) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:

Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7 PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a, b, c, d, e

(O) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:

Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7 PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a, b, c, d, e

(P) Chapter 18, Section 1809.12 is amended to read as follow:

Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.

(Q) Chapter 18, Section 1810.3.2.4 is amended to read as follows:

1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.

Subchapter 4. California Historical Building Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Historical Building Code (CHBC) as published by the International Code Council is hereby adopted by reference and shall become the historical building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Historical Building Code is on file for public examination in the office of the Building Official.

Subchapter 5. California Existing Building Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Existing Building Code (CEBC), incorporating the 2024 International Existing Building Code, as published by the International Code Council is hereby adopted by reference and shall become the existing building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Existing Building Code is on file for public examination in the office of the Building Official.

Subchapter 6. California Energy Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Energy Code (CEC), as published by the International Code Council, is hereby adopted by reference and shall become the energy code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Energy Code is on file for public examination in the office of the Building Official.

Subchapter 7. California Mechanical Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Mechanical Code (CMC), incorporating the 2024 International Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and shall become the mechanical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Mechanical Code is on file for public examination in the office of the Building Official.

Subchapter 8. California Plumbing Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Plumbing Code (CPC), incorporating the 2024 International Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference and shall become the plumbing code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Plumbing Code is on file for public examination in the office of the Building Official.

Subchapter 9. California Electrical Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

The 2025 California Electrical Code (CEC), incorporating the 2024 National Electrical Code including all annexes thereto, published by the National Fire Protection Association, as modified by the State of California, is hereby adopted by reference and shall become the electrical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Electrical Code is on file for public examination in the office of the Building Official.

Subchapter 10. California Residential Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

Except as provided in this chapter, the 2025 California Residential Code (CRC), incorporating the 2024 International Residential Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference shall become the residential building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Residential Code is on file for public examination in the office of the Building Official.

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

(A) Chapter 3, Section R301.1.3.2 is amended to read as follows:

R301.1.3.2 Woodframe structures. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood-frame construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Section 5537 and 6737.1.

The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood framed construction more than one story in height or with a basement located in Seismic Design Category D0, D1, D2 or E.

Add new subsection R303.11, Required air conditioning, to read as follows:

R303.11 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms.

(B) Chapter 4, Section R401.1 is amended to read as follows:

R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table R301.2 shall meet the provisions of Section R306. Wood foundations shall be designed and installed in accordance with AWC PWF. Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

(C) Chapter 4, Section R404.2 is amended to read as follows:

R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Section R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.2(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1, D2.

(D) Chapter 6, Section 602.3 is amended as follows:

Table R602.3(1) shall have the following language added to the Fastening Schedule to read as follows:

Subchapter 11. California Green Building Standards Code

[Ord. 1784, 10-19-2022; Ord. No. 1825, 11-19-2025]

Except as provided in this chapter, those certain building codes known and designated as the 2025 California Green Building Standards Code (CGBC), is hereby adopted by reference and shall become the green building standards code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2025 California Green Building Standards Code is on file for public examination in the office of the Building Official.

Subchapter 12. International Property Maintenance Code

[Ord. 1742, 11-6-2019; Ord. No. 1825, 11-19-2025]

The 2024 International Property Maintenance Code as published by the International Code Council is hereby adopted by reference and shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. The 2024 International Property Maintenance Code is on file for public examination in the office of the Building Official.

(A) Amend the title of Section 602 to read as follows:

Section 602 Heating and Air Conditioning Facilities

(B) Amend Section 602.1 Facilities required, to read as follows:

602.1 Facilities required. Heating and air conditioning facilities shall be provided in structures as required by this section.

(C) Amend Section 602.2 by adding the following sentence at the end of the section:

602.2 Residential occupancies. Dwellings shall be provided with air conditioning facilities at all times, capable of maintaining a maximum temperature of 80 degrees Fahrenheit in all habitable rooms.

(D) Add subsection 602.3.1 to read as follows:

602.3.1 Air conditioning supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units shall supply air conditioning at all times, to maintain a maximum temperature of 80 degrees Fahrenheit in all habitable rooms.

Subchapter 13. Small Residential Rooftop Solar Energy System Permits

[Ord. 1676, 6-17-2015]

(A) Definitions.

(1)

BUILDING OFFICIAL

Shall have the same meaning as that set forth in the 2013 California Building Code adopted by the City pursuant to § 151.010.

(2)

FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC, ADVERSE IMPACT

Shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(1), as the same may be amended from time to time.

(3)

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM

Shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(3), as the same may be amended from time to time.

(4)

SPECIFIC, ADVERSE IMPACT

Shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(5), as the same may be amended from time to time.

(B) Applicability.

(1) This § 151.060 applies to the permitting of all small residential rooftop solar energy systems (as defined herein) in the City of Indio.

(2) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Section are not subject to the requirements herein unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(C) Small residential rooftop solar energy system standard plan and permit application checklist; submittal.

(1) The City’s Building Official is delegated authority to: (a) develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems; and (b) develop and adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The review process, standard plan and checklist shall be implemented and/or adopted by the City’s Building Office on or before September 30, 2015.

(2) The small residential rooftop solar energy system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

(3) All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the City’s publicly accessible website.

(4) The City’s Building Official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system applicants. Electronic submittal shall mean submission of the application by email, the internet or facsimile as determined by the Building Official.

(D) Permit review.

(1) The Building Official shall deem complete an application that satisfies the information requirements in the standard plan(s) and checklist(s).

(2) If the Building Official deems the application incomplete, the Building Official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance.

(3) The Building Official shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over the counter applications or within one to three business days for electronic applications or in either case as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. Notwithstanding, multiple applications submitted simultaneously may require additional process time.

(4) Review of the application shall be limited to the Building Official’s review of whether the application meets local, state and federal health and safety requirements.

(5) The Building Official may require an applicant to apply for a conditional use permit if the Building Official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety.

(6) If a conditional use permit is required, the Building Official may deny such application if it makes written findings based upon substantial evidence in the record that the proposed installation of a small residential rooftop solar energy system would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(7) The decision of the Building Official pursuant to subparagraphs (5) and (6) above may be appealed to the Planning Commission.

(E) Inspection requirements.

(1) Only one inspection shall be required and performed by the Building Official for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed.

(2) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide an inspection window.

(3) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section.

(F) Interpretation. The Building Official shall have the authority to render interpretations of this § 151.060 and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this § 151.060 . In no instance shall such policies and procedures have the effect of waiving requirements specifically provided for this § 151.060 .

Subchapter 14. Expedited Building Permit Process for Electric Vehicle Charging Stations

[Ord. 1760, 4-7-2021]

(A) Applicability and purpose. This section applies to applications for expedited building permits for electric vehicle charging station systems in the City consistent with California Government Code § 65850.7.

(B) Definitions. The definitions set forth below shall be applicable to the provisions in this section.

(1)

BUILDING OFFICIAL

Means the city’s designated authority charged with the administration and enforcement of this section.

(2)

ELECTRONIC SUBMITTAL

Means the utilization of one or more of either electronic mail, the internet or facsimile.

(3)

ELECTRIC VEHICLE CHARGING STATION SYSTEM

Means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads as of January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(4)

FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC ADVERSE IMPACT

Includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful application for a similar permit.

(5)

SPECIFIC ADVERSE IMPACT

Means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(C) Electric vehicle charging station system expedited building permit review process.

(1) Anyone seeking to install an electric vehicle charging station system at any site within the City may apply to the Building Official for an expedited nondiscretionary building permit.

(2) The Building Official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The checklist, application form, and any other documents required by the Building Official to process an application shall be published on the City’s website.

(3) An application for an expedited building permit for an electric vehicle charging station and all associated documentation may be submitted to the Building Official in person, by mail, or by electronic submission as specified on the City’s website. Electronic signatures may be used in lieu of wet signatures.

(D) Additional electric vehicle charging system requirements.

(1) All electric vehicle charging systems shall meet all applicable health and safety standards and requirements, including, but not limited to, any requirements imposed by the State, local fire department, California Building and Electrical Code, this Code, and Federal laws, including the Americans with Disability Act.

(2) Prior to submitting an application, the applicant shall verify the electric vehicle charging system meets all applicable safety and performance standards established by , the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(E) Application review.

(1) An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance when the Building Official determines that the application satisfies all the requirements contained in the city’s checklist(s), including complete supporting documents.

(2) If an application is deemed incomplete, a written correction notice will be sent to the applicant within ten (10) working days of the City’s determination detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance for resubmission.

(3) If the Building Official determines that an application for an expedited building permit is complete, the Building Official shall process the application. If the Building Official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.

(4) If the Building Official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the applicant must apply for an “electric vehicle charging station use permit” in order to install the proposed charging station.

(5) An application for an “electric vehicle charging station use permit” shall be reviewed by the Building Official. The Building Official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the Building Official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code § 65850.7, the Building Official’s review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered. In addition, consistent with Government Code § 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by a homeowners association, as that term is defined by Civil Code § 4080.

(6) A decision of the Building Official made pursuant to subsections (3), (4) or (5) of this paragraph (E) may be appealed to the Planning Commission. The Planning Commission’s review shall be subject to the same limitations as that of the Building Official, and only health and safety issues may be considered.

(7) Any condition imposed on an application for an expedited building permit or “electric vehicle charging station use permit” shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

Subchapter 15. Moving Buildings

[Ord. 1580, 12-1-2010]

This subchapter shall be known and may be referred to as the "building moving ordinance." The purpose of this subchapter is to regulate the moving of buildings within, into, from and through the city.

[Ord. 1580, 12-1-2010]

(A) Permit required. No person, firm or corporation shall move any building within, into, from or through the city without first obtaining a permit for that purpose from the Community Development Department. Each structure or building shall require a separate permit.

(B) Filing fees.

(1) The fee for filing an application for a permit to move a building from or through the city shall be that amount specified by resolution of the City Council.

(2) The fee for filing an application for a permit to move a building from or through the city shall be that amount specified by resolution of the City Council. In addition to the application and filing fee there shall be an additional fee of $0.30 per mile from City Hall to any building located outside the city limits to defray the cost of an on-site preliminary inspection of the structure to be moved.

(3) The fee for a permit to set up and occupy a building moved within or into the city shall be in accordance with the building valuation data published in the Building and Standards for new building of the same construction used in occupancy and the building permit be table adopted by resolution of the city.

(C) Application to move a building from or through the city. Applications for permits to move building within, into, from or through the city shall be made through the Community Development Department on a form provided for that purpose. The applicant shall furnish the additional information to the city and meet the additional requirements as may be required to ensure the safety and welfare of private and public property in the route of travel.

[Ord. 1580, 12-1-2010]

Upon submission of an application for a permit provided herein, the Building Official and other staff, as required, shall make an inspection of the building to determine whether or not the building appears to be structurally sound and capable of being made to comply with city building and safety laws if moved to the contemplated location and occupied and used for the intended purpose and if it is sound, to so indicate on the application. If it is not so found, a written finding shall be made to the application to advise him or her of the condition of the building and the basic repairs required to be made prior to moving. If, in the opinion of the Building Official, a building should not be moved, he or she shall declare his or her findings in writing to the owner, who may appeal the same under the provision of this chapter for building and housing code appeals.

[Ord. 1580, 12-1-2010]

(A) Buildings to be located within the city shall be covered by a faithful performance bond or cash deposit, payable to the city prior to the issuance of a moving permit. The performance bond shall be in the amount of 150% of the estimated cost of the work to be done to bring the building into conformity to the code, and the estimate accordance with the directions of the Planning Commission, building permit and all applicable city regulations within a period of six months following issuance of the building permit; otherwise, the full amount of the bond will be forfeited to the city and the building will be completed for occupancy or removed from the site at the direction of the city.

(B) To secure payment of damage to any street, tree, utility or installation caused by the moving, and to protect against personal injury and property damage, the applicant or mover shall provide proof of personal injury and property damage insurance in the amount of at least $1,000,000 combined single limit and enter into an indemnity agreement with the city to hold the city harmless for any liability on the part of the mover.

(C) In addition to posting all other required bonds, applicants for a permit to move a building off a parcel of land within the city shall post a cash bond or faithful performance bond in an amount to be determined by the Building Official, not to exceed $5,000, payable to the city to ensure cleanup of debris, concrete, foundation and other materials left on the site including securing its surface for dust control. Applicants shall have 30 days from the date the building is moved to clean and secure the surface of the site; otherwise, the Building Official shall be empowered to use all or a portion of the bond to accomplish the remaining cleanup and surface preparation requirements.

[Ord. 1580, 12-1-2010]

(A) Moving any building or structure or portion thereof over, along, upon or across any street in accordance with this subchapter shall be under the direction and supervision of the Building Inspector, with the accompaniment of necessary police patrol for traffic control. The Building Inspector shall determine the hours during which moves are to be made.

(B) The route of travel shall be approved by the Public Services Department, Police Department and utility companies prior to allowing a building to be moved. The applicant for the permit shall obtain these approvals in writing from the concerned departments of utilities.

Subchapter 16. Addressing Property and Buildings

[Ord. 1580, 12-1-2010]

The purpose of this subchapter is to provide for the administration of a uniform addressing system consistent with that which is in general use in the country.

[Ord. 1580, 12-1-2010]

(A) The engineering staff shall maintain an "official address map" for the city and shall assign all numbers to lots, building, and/or units thereof in accordance with the provisions of this subchapter.

(B) Numbers shall be assigned when required to identify any property, building or units thereof in the city. New numbers may be assigned as provided herein to previously numbered property in order to correct conflicts, errors or inconsistencies.

[Ord. 1580, 12-1-2010]

(A) Application.

(1) Any person owning or controlling property may apply for a new address by providing adequate description of the property or buildings to be assigned and the name of the property owner and tenants of the same.

(2) The application shall be processed in such a manner to adequately provide for building or unit identification for postmen, utility company personnel, city fire and police personnel and the general public.

(3) Where conflicts or inconsistencies arise, the Department may initiate a change in numbers on its own, provided that all other requirements are met regarding proper notice.

(B) Notice. Once a number or numbers are assigned, the applicant shall be notified in person or by mail, or both, as shall the post office, Registrar of Voters, 911 Riverside County Communications, Valley Sanitation District, Riverside County Assessor, Indio Police Department, Indio Building Division, Imperial Irrigation District, Indio Water Authority (or applicable water purveyor), Southern California Gas Company, applicable school district and any tenant listed on the application.

(C) Posting of numbers. It shall be the duty of the owner or person in possession of a property to properly post the assigned number within ten days after the notice is received. The number shall be located in a position to make it clearly visible from a street during the daytime; except, subunit designations on individual apartments, shops and similar spaces shall be located on or near the entrance door of the subunit. The number shall correspond to the one assigned by the city, and shall be posted at all times. In the event a number is removed, deteriorates or is no longer visible, the property owner and or tenant shall be subject to the provisions of this subchapter with respect to posting.

[Ord. 1580, 12-1-2010]

For the purpose of maintaining uniform numbering, the following system shall be maintained:

(A) Buildings and lots shall be numbered so as odd numbers shall be to the west and south, even numbers shall be to the north and east; except for subunits which may be numbered consecutively or by buildings or a combination.

(B) Where an apartment or commercial building with several subunits that do not face a public street is involved, the property or project may have one number and each subunit consequently shall have the same number plus a subunit designation by number or letter or both.

(C) Numbering east-west streets. Primary property or building numbers for streets, avenues, highways, courts or roads on an east-west axis shall be assigned on the half-mile, as in county territory, Avenue 42, 43, 44, 45 and 46, and the like, with a three-digit number following (45-000) in consecutive and progressive order starting each half-mile from north to south.

(D) Numbering north-south streets. Primary property or building numbers for streets, avenues, highways, courts or roads on a north-south axis shall be assigned on one-mile units as in county territory, i.e., Clinton Street 81-, Monroe Street 82-, Jackson Street 83-, and the like, with a three-digit number following (81-000) in consecutive and progressive order staring each mile from the west to east.

Subchapter 17. Security Fencing

[Ord. 1580, 12-1-2010]

No fence installed or maintained in the city shall be charged with electricity for security or other reasons. Exceptions may be granted for a farming or ranch operator where the fence is in a rural area. Exemptions shall be conditioned with consideration of the amount of electrical charge to restrain farm animals. These fences shall also be adequately marked with signs and warnings.

[Ord. 1580, 12-1-2010]

No fence or wall shall include barbed wire, razor wire or other types of wire, metal or glass that is not approved by the Building Official, in writing.

Subchapter 18. Construction; Related Regulations

[Ord. 1580, 12-1-2010]

(A) No person shall be employed nor shall any person cause any other person to be employed pursuant to a building permit of the city of public works contract, in any work of construction, erection, alteration, repair, addition to or improvement of any building, structure, road or improvement to realty except between the hours set forth as follows:

(1) Pacific Standard Time:

(a) Monday through Friday, 7:00 a.m. to 6:00 p.m.

(b) Saturday, 8:00 a.m. to 6:00 p.m.

(c) Sunday, 9:00 a.m. to 5:00 p.m.

(d) Government Code holidays, 9:00 a.m. to 5:00 p.m.

(2) Pacific Daylight Time:

(a) Monday through Friday, 6:00 a.m. to 6:00 p.m.

(b) Saturday, 7:00 a.m. to 6:00 p.m.

(c) Sunday, 9:00 a.m. to 5:00 p.m.

(d) Government Code holidays, 9:00 a.m. to 5:00 p.m.

(B) Emergency work and/or unusual conditions may cause work to be permitted with the written consent of either the City Manager, Director of Community Development, or Chief Building Official. A copy of the written consent must be maintained upon the premises where the work is being performed and must be available upon request to any enforcement authority of the city.

[Ord. 1580, 12-1-2010]

(A) Every building permit is issued subject to the condition that the permittee shall keep the building site free and clear of trash and debris.

(B) A trash container shall be located on every construction site and shall remain in place until construction is completed. The container shall be adequate in size to store the trash and debris generated on the building site until it can be disposed of.

(C) Disposal shall be by transportation to a legally established dump site either by the city's refuse contractor of the permittee. As used in this section trash and debris shall include papers, cartons, bottles, cans, garbage, roofing materials, plaster, concrete and other substances that may accumulate as a result of construction activities.

(D) Violation of any provision of this section shall constitute sufficient cause for suspension or revocation of the building permit.

Subchapter 19. Fencing

[Ord. 1580, 12-1-2010]

(A) No person, firm or corporation shall construct, erect, install or otherwise build any fence, wall, or retaining wall on any property in the city or cause the same to be done without first obtaining a permit from the city.

(B) This subchapter does not apply to raised planter boxes or beds not more that 24 inches high that are not located upon or immediately adjacent to any property line.

[Ord. 1580, 12-1-2010]

The requirement for applying for a fence permit shall be the same as those contained.

(A) Fee. An investigating fee in addition to the permit fee shall be charged in accordance with the Code of Indio.

Subchapter 20. Model Home Sales Complex Permits

[Ord. 1742, 11-6-2019]

A model home complex permit is established for model home sales complex for residential units and a sales office in a development which is being used to illustrate the design of the units to potential homebuyers during initial sale of units.

[Ord. 1742, 11-6-2019]

A model home sales complex is a temporary real estate office that may be established within the boundaries of an approved tract and may be used solely for the first sale of homes or the first rental or sale of apartments or other multi-family units in projects of twenty (20) or more units within the same project.

[Ord. 1742, 11-6-2019]

Model home sales complex permits shall be reviewed by building, planning, engineering and fire and compliance to any and all conditions specified by these reviewing entities shall be continuously achieved.

[Ord. 1742, 11-6-2019]

A model home sales complex permit may be approved for up to three (3) years and may be extended for an additional three (3) years or increments thereof. Each extension shall only be granted by the Building Official if he or she makes written findings of the necessity for said extension. Any and each extension of a model home sales complex permit shall not be issued until the applicant pays the required fee as approved by the City Council.

[Ord. 1742, 11-6-2019]

There shall be no public hearing for a model home sales complex permit if design review of the model homes, if required, was conducted as part of the project approval process. For projects that contains more than one phase, a separate model home sales complex permit application request shall be submitted and the required fee shall be paid for each approved phase of development.

[Ord. 1742, 11-6-2019]

The permit application should be submitted in conjunction with the first precise grading plan for a tract or each phase thereof.

[Ord. 1742, 11-6-2019]

A certificate of occupancy issued for each model home for commercial use of the structure shall automatically expire upon the cessation of authorized use as a model home. A separate certificate of occupancy shall be issued for the residential use of all models.

Subchapter 21. Parking

[Ord. 1580, 12-1-2010]

No person, firm, or corporation shall construct, enlarge, modify, improve, remove, or re-stripe any parking lot within the city without first obtaining a permit to do so.

[Ord. 1580, 12-1-2010]

The fee for parking lot construction or re-striping shall be as set by resolution of the City Council.

[Ord. 1580, 12-1-2010]

(A) Plans, engineering calculation, diagrams and other data shall be submitted in three sets with each application for a permit. The Building Official or City Engineer may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

(B) Plans and specifications shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to all relevant laws, ordinances, rules, and regulations pertaining to grading, drainage and handicapped accessibility.

[Ord. 1580, 12-1-2010]

Where work for which a permit is required by this subchapter is commenced or completed prior to the issuance of a permit, the applicant shall pay an inspection fee to the city at the hourly rate as specified by City Council resolution for inspections for which no fee is specifically indicated.

[Ord. 1580, 12-1-2010]

(A) Work started or completed prior to the issuance of a permit that fails to comply with all laws and regulations does not relieve the person doing the work from complying with all laws and regulations.

Subchapter 22. Penalty

[Ord. 1580, 12-1-2010; Ord. 1639, 11-6-2013; Ord. 1703, 11-16-2016; Ord. 1784, 10-19-2022]

(A) Any person, firm or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter or any of the code adopted herein by reference or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, with the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and any and all such person, firm or corporation shall be required to correct or remedy the violations or defects within a reasonable time. Any such person, firm or corporation shall be guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. In addition, any violation of any of the codes adopted herein is a nuisance that may be abated as such pursuant to the provisions of this Municipal Code.

(B) The application of the penalty set out in division (A) above shall not be held to prevent the enforced removal of the prohibited condition.