Kingsburg Municipal Code Ch. 15.04 General Provisions

As used in this title or in any code adopted by this chapter, "building inspector", "building director", or "administrative authority", means the building official of the city of Kingsburg.

(Ord. 95-07 § 2 (part), 1995: prior code § 71-0000)

As used in this title or in any code adopted all references to the "board of appeals" shall be interpreted as references to the city council of the city of Kingsburg.

(Ord. 95-07 § 2 (part), 1995: prior code § 71-0001)

A. As used in this title:

1. California Building Code may be abbreviated CBC.

2. California Residential Code may be abbreviated CRC.

3. Reserved.

4. California Electrical Code may be abbreviated CEC.

5. California Mechanical Code may be abbreviated CMC.

6. California Plumbing Code may be abbreviated CPC.

7. California Energy Code may be abbreviated CEnC.

8. California Historical Building Code may be abbreviated CHBC.

9. California Fire Code may be abbreviated CFC.

10. California Existing Building Code may be abbreviated CEBC.

11. California Green Building Standards Code may be abbreviated Green Code.

12. California Referenced Standards Code may be abbreviated CRefC.

13. California Administrative Code may be abbreviated CAC.

14. International Property Maintenance Code may be abbreviated IPMC.

15. International Swimming Pool and Spa Code may be abbreviated ISPSC.

B. Code of ordinances of City of Kingsburg may be referred to as "municipal code", "ordinance", "the ordinance" or "this ordinance", all meaning this title as adopted by ordinance of the city council of the City of Kingsburg.

(Ord. 99-06 § 4, 1999: Ord. 95-07 § 2 (part), 1995: prior code § 71-0002)

(Ord. No. 2022-002, § 2, 11-16-2022)

Except as provided by other sections of this chapter, permits required shall be issued only to contractors licensed by the State of California to engage in the business or act in the capacity of a contractor in a specified field. The building official may issue a permit to the owner of a building and/or property in accordance with the provisions set forth in the California Contractors License Law and Reference Book, as set forth in the California Business and Professions Code.

(Ord. 95-07 § 2 (part), 1995: prior code § 71-0003)

(Ord. No. 2022-002, § 2, 11-16-2022)

Before any permit required by this chapter can be issued, the applicant must adhere to all provisions of Section 3800, Article 3, Chapter 4, Construction Permit of the Labor Code of the State of California.

(Ord. 95-07 § 2 (part), 1995: prior code § 71-0004)

Notwithstanding any other provisions of this Code, the building official shall not issue a certificate of occupancy for any building or separately occupied space within a building built pursuant to a permit issued by the city until the director of public works has determined and stated that all required improvements and conditions pertaining to subject development, have been constructed or accomplished, unless the director of public works or the city council has authorized a waiver of public street improvements and until all conditions and requirements imposed by this code or any other special approval conditions required have been completed.

(Ord. 95-07 § 2 (part), 1995: prior code § 71-0005)

(Ord. No. 2022-002, § 2, 11-16-2022)

Permit fees hereunder shall be paid in the amounts as set by city council resolution.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 71-0006)

(Ord. No. 2022-002, § 2, 11-16-2022)

Any person violating any of the provisions of this title shall be guilty of a misdemeanor and punishable as elsewhere provided in this code. A civil suit may be brought to enforce the provisions of this title as provided by law.

(Ord. 99-06 § 5, 1999: Ord. 95-07 § 2 (part), 1995: prior code § 71-0007)

Whenever the building official or its authorized agent ("building official") finds that a section(s) of Title 15 has been violated, the building official shall issue an administrative citation and serve the same in accordance with the provision of Section 15.04.091 on the landowner, if applicable, and the person who is in violation of any provision of Title 15. The administrative citation shall contain the following:

A. If applicable and available, the street address or assessor's parcel number and location description sufficient for identification of the property associated with the violation;

B. A statement that the building official has determined that a violation of a section(s) of Title 15 has occurred and a brief description of the violation and identification of the section(s) of Title 15 or other law or regulation violated;

C. A statement to require the violator(s) to obtain all appropriate permits, certificates, approvals or to complete any action necessary to comply with the applicable section(s) of Title 15 and correct the violation within the time period identified in the administrative citation which time period shall not exceed ten (10) days from the date of service of the administrative citation, unless the building official identifies a longer period of time on the administrative citation;

D. A statement advising that if the violation identified on the administrative citation is not corrected within the time specified, the building official may proceed with the issuance of an additional administrative citation.

E. Amount of the fine imposed for the violation as established by resolution of the city council;

F. Explanation of how the fine shall be paid and the consequences of failure to pay the fine;

G. Signature of the building official and the signature of the violator if the violator can be located. If the violator refuses or does not sign the administrative citation, the lack of such signature shall not affect the validity of the administrative citation and subsequent proceedings;

H. A statement advising the person or persons identified in the administrative citation that they may appeal the issuance of the administrative citation in accordance with Section 15.04.095.

(Ord. No. 2009-01, § 1, 2009)

The administrative citation and any documents related thereto shall be served by one of the following methods:

A. Personal service; or

B. First class mail, postage prepaid, to each person identified in the administrative citation. Service by mail shall be effective on the date of mailing;

C. If the person(s) named in the administrative citation, after diligent search, cannot be found, and the violation is associated with certain property, the administrative citation may be served by posting a copy thereof in a conspicuous place upon the property associated with violation, for a period of ten (10) days.

D. The failure of the person(s) named in the administrative citation to receive the administrative citation served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.

(Ord. No. 2009-01, § 1, 2009)

Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made.

(Ord. No. 2009-01, § 1, 2009)

Upon receipt of a written request from any person required to comply with the administrative citation, the building official may grant an extension of time within which to comply, if the building official determines that such an extension of time will not create or perpetuate a situation imminently danger to life or property and if such person has begun and is diligently attempting to correct the violation. The building official shall have the authority to place reasonable conditions on any such extensions.

(Ord. No. 2009-01, § 1, 2009)

A. The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the building official.

B. If the violator fails to correct the violation, subsequent administrative citations may be issued for the same violation(s). The amount of the fine shall increase at a rate specified in the city council resolution.

C. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

D. All fines assessed shall be payable to the city.

E. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation shall result in the assessment of additional fines.

F. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the building official may file a claim with the small claims court or pursue any other legal or equitable remedy to collect the fine.

(Ord. No. 2009-01, § 1, 2009)

A. Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the building division, must specify the basis for the appeal in detail and must be filed with the building division within ten (10) calendar days after the date on the administrative citation. If the filing deadline falls on a weekend or city holiday, the deadline shall be extended until the next regular business day.

B. If the notice of appeal is filed in accordance with the provisions of paragraph A. above, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date the appeal hearing is held by the city council. Except that, if the building official determines that the violations identified in the administrative citation constitute an immediate threat to the health or safety of the occupant of the property associated with the violation or the public in general, the building official shall proceed with enforcement of the administrative citation.

C. As soon as possible after receiving the written notice of appeal, the building official or city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:

1. Personal service;

2. First class mail and, if applicable, posting the notice of hearing conspicuously on or in front of the property associated with the violation;

The failure of any party appealing the administrative citation to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by first class mail in the manner described above shall become effective on the date of mailing.

D. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine.

E. The city council shall conduct an orderly proceeding and accept oral and written evidence regarding the administrative citation in the following manner:

1. The building official shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.

2. The person committing the violation may present testimony or evidence concerning the violation and the means and time frame for correction.

F. The city council may sustain, modify or overrule the administrative citation.

G. The decision of the city council regarding any appeal is the final administrative order and decision.

(Ord. No. 2009-01, § 1, 2009; Ord. No. 2022-002, § 2, 11-16-2022)

The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.

(Ord. No. 2009-01, § 1, 2009)

Nothing in this chapter shall prevent the city council from requesting the city attorney to commence a civil or criminal proceeding regarding a violation as an alternative to the proceedings set forth in this chapter.

(Ord. No. 2009-01, § 1, 2009)

Enforcement of this chapter by the city may be accomplished by the building official in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances and addressing violations in any other manner provided by law.

(Ord. No. 2009-01, § 1, 2009)