Lake County Municipal Code Art. III Administration

1. Work has been done for which a permit is required and a valid permit for the work has not been issued;

2. Work has been done which exceeds that authorized by a valid permit;

3. Work has been done which does not comply with the terms of a valid permit;

4. Work has been done which has not received a final inspection by the Chief Building Official prior to expiration of the permit authorizing the work.

10.1 For the purpose of administering and enforcing this chapter and providing an inspector to enforce this and other County and State Building and Safety Laws, there is hereby established the Office of Chief Building Official. The Chief Building Official shall have the duty of educating the public in the use of the Codes, Inspection, Enforcement and Administration of each of the codes adopted by reference in Section 5-4, and Section 5-4A through M above, the County Zoning and Enabling Codes, including its amendments or revisions and all other State and County Laws referring to building and materials. The Chief Building Official may obtain assistance from other County Officials or employees when necessary to enforce these regulations or other County or State Laws under his jurisdiction.

(Ord. No. 2861, § 4, 2-19-2008; Ord. No. 2935, § 2, 12-7-2010; Ord. No. 2996, § 2, 12-10-2013)

Editor's note— Ord. No. 2861, § 4, adopted Feb. 19, 2008, amended § 5-10 in its entirety to read as herein set out. Former § 5-10, pertained to similar subject matter, and derived from Ord. No. 1654, § 17, adopted June 9, 1987.

(Ord. No. 2861, § 5, 2-19-2008)

Editor's note— Ord. No. 2861, § 5, adopted Feb. 19, 2008, amended § 5-11 in its entirety to read as herein set out. Former § 5-11, pertained to similar subject matter, and derived from Ord. No. 512, § 15, adopted 1967; Ord. No. 1654, § 18, adopted June 9, 1987.

12.1 In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretation of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of five members. The authority of the Board of Appeals shall be limited to interpretation and recommendation. The Board of Appeals shall be appointed by the Board of Supervisors and shall hold office at the Board of Supervisors' pleasure. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the Board of Supervisors, such new legislation as consistent therewith.

(Ord. No. 512, § 16, 1967; Ord. No. 1654, § 19, 6-9-87)

(Ord. No. 512, § 16, 1967; Ord. No. 1654, § 19, 6-9-87)

(Ord. No. 512, § 16, 1967; Ord. No. 1654, § 19, 6-9-87)

(Ord. No. 512, § 16, 1967; Ord. No. 1654, § 19, 6-9-87)

Recordation of Notice of Noncompliance/Notice of Violation. The Chief Building Official may proceed under the provisions of this Section to issue, and record a Notice of Noncompliance and/or Notice of Violation to address violations of this Chapter.

a. The Chief Building Official shall give written notice to the owner, as shown on the latest assessment roll, of the specific nature of any violation or noncompliance with the Lake County Building Code and/or the terms and conditions of an issued building permit.

b. A Notice of Noncompliance and/or Violation shall identify the property, the owner of record, as shown on the latest assessment roll, and the work or structure to which the notice applies, and shall state that the work or structure has not received a final inspection from the Chief Building Official and that the owner has been so notified.

c. Unless appealed as provided in Section 5-14.3 hereinbelow, the owner must take corrective action as identified in the notice issued by the Chief Building Official within thirty (30) days of the date of the issuance of that written notice.

d. Failure to make the required corrections within the thirty (30) days of the final notice to comply herein specified shall result in the recordation of the Notice of Noncompliance and/or Notice of Violation with the Lake County Recorder. As used in this Section, "owner" includes the owner of record or anyone in possession of the property.

e. A recorded Notice of Noncompliance and/or Notice of Violation shall remain of record until such time as a final inspection is conducted and the work or structure is found to comply with the applicable requirements of this Chapter.

f. An owner of real property or his authorized agent may apply for issuance by the Chief Building Official of a Notice of Compliance after any structure or work on the owner's property subject to a Notice of Noncompliance and/or Notice of Violation is found to comply with the requirements of this Chapter. The Chief Building Official will record the Notice of Compliance so issued in the office of the Lake County Recorder.

a. The notice described in Section 5-14.2 herein shall provide that the owner has ten (10) calendar days within which to make a written request for a hearing before the Chief Building Official to challenge the Notice of Noncompliance and/or Notice of Violation.

b. From the time the request for a hearing is made until the time the Chief Building Official renders a decision on the challenge, the thirty-day time frame for the owner to take corrective action described in Section 5.14.2 herein above shall be stayed.

a. Whenever the Chief Building Official finds that violations of the Lake County Building Code have occurred and/or work has been/is being performed without a required building permit, the Chief Building Official shall also be empowered to post a stop work order at the site and serve a copy on the owner, if present. If the property owner is not then present, a copy of the Order shall be mailed to the owner at the address set forth on the permit application, or, if there is no permit, to the owner shown on the latest assessment roll. As used in this Section, "owner" includes the owner of record or anyone in possession of the property. The stop work order shall state the nature of the violation, defect or nuisance. If the work was done or is being done without a valid permit, the order shall direct that no further work be done without a valid permit issued by the Chief Building Official. If the work exceeds that authorized by a valid permit, or was done without compliance with the terms of a valid permit, or constitutes a nuisance pursuant to Chapter 13 of the Lake County Code, the order shall direct that no further work be done until a new permit is issued, or that the work be brought into compliance with the terms of the permit or the nuisance abated within thirty (30) days. If the occupancy violates the provisions of this Chapter, the order shall direct that it cease unless and until required permits and inspections have been secured. If deemed appropriate by the Chief Building Official, the order may direct that all or part of any work being done pursuant to a valid permit be stopped.

b. While a stop work order is in effect, the Chief Building Official shall not issue any other permits to the owner or permittee for any work related to the work or occupancy for which the Notice of Noncompliance and/or Notice of Violation or stop work order was issued, except as required to correct the defect or violation or abate the nuisance.

c. If the owner or permittee complies with the stop work order and corrects the defect or violation or abates the nuisance, the Chief Building Official shall cause the order to be removed from the site.

d. In addition to the remedy of a hearing before the Chief Building Official concerning the posting of a stop work order, the owner may, subsequent to the posting, appeal any such notice to the Building Board of Appeals in writing and within fifteen (15) days of its posting pursuant to Section 5-12 of this Chapter. If the Building Board of Appeals determines that all or some of the violations, defects or nuisances stated in the order probably do exist, the Board shall set the matter for hearing before it at a specific time and place and shall mail to the owner a written citation to voluntarily appear at the hearing to show cause why the defects, violations or nuisances have not been corrected or abated. A copy of the citation shall be posted at the site in the same manner as the Order was posted. If the Board determines that no defect, violation or nuisance exists, the Chief Building Official shall remove the stop work order from the site.

e. In addition to the actions described herein above, the Chief Building Official may refer violations of the Lake County Building Code to the Lake County District Attorney for prosecution and/or the Lake County Counsel to initiate appropriate civil action.

f. No person shall deface, destroy, amend or remove a Notice of Violation, Notice of Noncompliance or stop work order without the written authorization of the Chief Building Official.

a. If the costs as confirmed are not paid within thirty (30) days of the date of mailing of the notice or date of publication pursuant to Section 5-14.3 above, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code, and shall be transmitted to the Lake County Tax Collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem (assessed value) taxes.

b. If subsequent to the mailing of the Notice of Violation and prior to transmittal of the notice of unpaid costs to the Lake County Tax Collector for collection as set forth in Subsection a. herein above, the property subject to the Notice of Violation is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of violation was placed in the United States postal system or posted on the property.

c. In addition to assessing the unpaid costs as provided in subsection (a) herein, the Lake County Tax Collector or designated their representative may pursue any remedy provided by law for collection of the unpaid costs.

The following officers and employees of the Lake County Community Development Department and Department of Public Works are hereby given arrest and citation powers pursuant to Section 836.5 of the Penal Code:

(a) Community Development Director.

(b) Chief Building Official;

(c) Senior Plans Examiner;

(d) Code Compliance Manager;

(e) Director of the Department of Public Works;

(f) Principal Civil Engineer;

The above named officers and employees shall enforce the provisions of this Chapter and all laws relating to the erection, construction, re-construction, moving, alteration or addition to any buildings or structures in the unincorporated areas of Lake County.

(Ord. No. 2890, § 1, 2-24-2009)

Editor's note— Ord. No. 2890, § 1, adopted Feb. 24, 2009, amended § 5-14 in its entirety to read as herein set out. Prior to inclusion of said ordinance, § 5-14, pertained to Penalty. See also the Code Comparative Table and Disposition List.

14A.1 The following officers and employees of the Lake County Community Development Department and Department of Public Works are hereby given arrest and citation powers pursuant to Section 836.5 of the Penal Code:

(a) Community Development Director;

(b) Chief Building Official;

(c) Senior Plans Examiner;

(d) Manager of Code Enforcement;

(e) Director of the Department of Public Works;

(f) Principal Civil Engineer.

14A.2 The above-named officers and employees shall enforce the provisions of this Chapter and all other laws relating to the erection, construction, reconstruction, moving, alteration or addition to any buildings or structures in the unincorporated areas of the County of Lake.

(Ord. No. 2861, § 6, 2-19-2008)

Editor's note— Ord. No. 2861, § 6, adopted Feb. 19, 2008, amended § 5-14A in its entirety to read as herein set out. Former § 5-14A, pertained to similar subject matter, and derived from Ord. No. 1506, § 1, adopted Sept. 3, 1985; Ord. No. 2093, § 15, adopted June 2, 1992; Ord. No. 2314, § 22, adopted Oct. 24, 1995; Ord. No. 2473, § 16, adopted May 25, 1999.