Martinez Municipal Code Ch. 15.04 Building Code

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Editor's note: Prior history: Ord. No. 1399 C.S., adopted 11/16/2016.

The City hereby adopts by reference the 2025 Edition of the California Building Code, Volumes 1 and 2, also known as Part 2 of Title 24 of the California Code of Regulations, which incorporates a California version of the 2024 International Building Code published by the International Code Council.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022; Ord. No. 1479, 11/19/2025)

Whenever any work is being done contrary to, respectively, the provisions of this Code or any provision of the Martinez Municipal Code, or any condition imposed by the City on a permit or approval issued or granted under the Martinez Municipal Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. Such orders may also be served by the Chief of Police. Any person who shall continue any work after having been served with a stop work order except such work as that person has been directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by Title 1 of the Martinez Municipal Code or as otherwise provided by law.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

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Editor's note: Former § 15.04.030, Section 114 amended—Violations and penalties, which derived from Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019 and Ord. No. 1441, § 1(Exh. A), 12/21/2022, was repealed by Ord. No. 1479, 11/19/2025.

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Editor's note: Former § 15.04.035, Section 105.2 amended—Exempted work, which derived from Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019, Ord. No. 1441, § 1(Exh. A), 12/21/2022 and Ord. No. 1460, § III, 7/31/2024, was repealed by Ord. No. 1479, 11/19/2025.

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Editor's note: Former § 15.04.040, Section 105.3 amended—Application, which derived from Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019 and Ord. No. 1441, § 1(Exh. A), 12/21/2022, was repealed by Ord. No. 1479, 11/19/2025.

Permit fees for work regulated by this Chapter shall be as adopted from time to time by resolution of the City Council of the City of Martinez.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

Appendix Chapter J—Excavation and Grading, shall be amended in the manner described below:

A. Section J103.2—Amend by adding a new paragraph 8 as follows:

8. Grading of streets in subdivisions for which improvement plans have been approved by the City Engineer when such grading is being inspected by the City Engineering Department.

B. Section J102—Amend by adding the following definition in proper sequence:

Building Official. For the purpose of this chapter this title shall be the Public Works Director or his or her designee.

C. Section J104.2—Amend by deleting entire section and substituting the following in place thereof:

Each application for a grading permit shall be accompanied by four sets of plans 24 inches × 36 inches in size prepared at a scale of 1 in. = 40 feet or greater. The plans shall be accompanied by specifications and supporting data consisting of a soils report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official. Upon approval, three sets of the approved corrected plans shall be submitted to the City for use during the course of the work.

At the completion of work and prior to release of the permit by the City, one reproducible set and one set of prints shall be submitted to the Building Official. The plans shall be designated "As Built" and shall include any changes from the approved plan made during the course of work. The "As Built" plans shall be signed and dated by the Civil Engineer and Soils Engineer.

D. Section J102.1—Amend by deleting the entire section and substitute the following in place thereof:

a) Plan review and permit fees for work regulated by this chapter shall be as adopted from time to time by resolution of the City Council of the City of Martinez.

b) Separate plan review and permit fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.

E. Section J105.2.1—Amend by adding a new Subsection J105.2.1 to the end of the section as follows:

Pad Certification.

Prior to the issuance of a building permit, as specified in this code, the Civil Engineer shall certify, in writing, that pad elevations are in conformance with the approved grading plans and the rough lot will drain according to drainage patterns specified on the plan.

The area of the pad within the foundation of the proposed structure shall be certified by the Civil Engineer to be within 0.1 feet (±) of the pad elevation specified on the approved grading plan.

The engineer's certification shall state that in his opinion finish lot grading may be done to provide positive drainage away from the foundation and to approved drainage facilities (curb underdrains, lined ditches, etc.) as specified on the approved grading plan.

(Ord. No. 1441, § 1(Exh. A), 12/21/2022)

A site development permit shall be required for each single parcel residential and non-residential development for the plan checking and inspection of all non-building site improvements including grading, drainage, streets, driveways, parking lots, walkways, and other related improvements. The site development permit shall serve as a grading permit and permit for all other non-building on-site improvements. An encroachment permit for improvements within the public rights-of-way is still required.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

A. Title and purpose. This section shall be known as the "Erosion Control Ordinance." The purpose of this chapter is to provide minimum standards and procedures to protect the public interest by managing construction practice of land excavation, fill, storage and grading.

B. Erosion control measures—Required. Erosion control measures are required prior to commencing work under any of the following conditions:

1. The area of land disturbed exceeds one-half acre;

2. Natural and finished slopes exceed ten percent and area of land disturbed exceeds 3,000 square feet.

3. Volume of soil stored exceeds 200 cubic yards.

C. Work not requiring erosion control measures. Erosion control measures will not be required for:

1. Routine maintenance work;

2. Work specifically determined by the City Engineer which meets the intent of this erosion control ordinance.

D. Permit—Application. Erosion mitigation measures shall be a requirement of the grading permit. The plans submitted with the application for a grading permit shall include erosion mitigation measures and may include or be accompanied by all or part of the following items as required by the City Engineer:

1. Site plan;

2. Grading plan;

3. Erosion control plan;

4. Soil engineer's report on erosion potential due to wind or water runoff and mitigation measures;

5. Contractor's name and emergency phone number;

6. Checking and inspection fees;

7. Security bonds or deposits;

8. Work schedule.

If erosion control plans prepared by a Registered Civil Engineer have not been submitted to the City for review by September 1, the City may have plans prepared and the cost shall be deducted from the deposit. The deposit, or any unexpended portions, shall remain with the City until release of the bond for the grading permit or acceptance of the improvements by the City, whichever occurs later.

E. Security for erosion control measures. At the time of issuance of an encroachment permit, grading permit, site development permit, or other approval to commence work by the City, an additional cash deposit shall also be required to guarantee installation of erosion control measures, cleanup of siltation, dust, and debris from the project site onto public and private property, repair of public improvements damaged by activity, installation of emergency measures to protect public health and safety, and continuing maintenance of erosion control facilities during the period from October 15 through April 15. The required deposit may be used at the discretion of the City. The required amount of the deposit shall be set forth in the development agreement or permit. The applicant shall maintain the deposit at the required amount at all times as specified in the agreement or permit.

At acceptance of improvements or final approval of the work covered by the permit, whichever comes later, all unexpended funds of the applicant's cleanup deposit shall be refunded.

In the event it is necessary for the City to use any portion of the cleanup deposit, the applicant will be billed by the City for the costs of the required corrective work and administrative costs incurred for City staff time. The applicant shall deposit the required amount to bring the deposit to its specified level within ten days of notification by the City. Failure to comply with these provisions shall be cause for issuance of a stop work order on the project or not granting final approvals and additional permits.

This deposit shall be required for all grading permits, site development permits, subdivision improvement agreements or for other work as required by the City.

F. Standards. The minimum erosion control standards shall be as approved by the City Engineer and shall include the following:

1. Wind related erosion.

a. Temporary erosion control measures shall be part of the grading plan.

b. Temporary erosion control measures shall be maintained pending the installation of permanent erosion control.

c. Planting for permanent erosion control shall be established by October 1, or mitigation for water related erosion implemented as specified below.

2. Water related erosion.

a. Period when erosion control measure is in effect is October 15 to April 15;

b. Erosion control design shall be prepared by a registered civil engineer and shall meet the approval of the City Engineer;

c. Erosion control standard plans and design criteria on file with the City Engineer are to be used as guidelines by the Engineer;

d. Two sets of erosion control plans shall be submitted by September 1 for review by the City Engineer.

G. Violation. It shall be a violation of this section for any person to:

1. Perform work without a permit;

2. Perform work without an approved plan;

3. Continue to work in violation of a stop work order.

H. Enforcement. Any violation of this section shall be a public nuisance and a misdemeanor which may be punishable by imposing a maximum fine of $500.00 and/or imprisonment in the County Jail for up to six months for each such violation.

I. Permit—Inspection. City Engineer is authorized to inspect and initiate enforcement procedures as necessary.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

A. The minimum valuation basis to be used in computing permit fees shall be such as are fixed from time to time by resolution of City Council.

B. Building permit fees shall be based on the above-mentioned minimum valuation schedule or the actual value, whichever is greater.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

The following shall apply to any work that is subject to the provisions of this Chapter:

Buildings or structures proposed to be moved within the City limits shall be inspected by the Building Department prior to moving and issuance of permits. Fees for such inspections shall be such as fixed by resolution of the City Council.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

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Editor's note: Former § 15.04.090, Section 101.2 amendment, which derived from Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019 and Ord. No. 1441, § 1(Exh. A), 12/21/2022, was repealed by Ord. No. 1479, 11/19/2025.

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Editor's note: Former § 15.04.100, Penalty for violation, which derived from Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019 and Ord. No. 1441, § 1(Exh. A), 12/21/2022, was repealed by Ord. No. 1479, 11/19/2025.

Notwithstanding anything to the contrary stated by any of the provisions of the California Building Code, the Appeals Board for any appeal that may be made under this Chapter is hereby designated to be the City Council.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

In the event of any conflict or inconsistency between any of the provisions of the California Building Code and any of the provisions stated expressly by this Chapter, the provisions of this Chapter shall be controlling.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

By adoption of this chapter the City Council does not intend to create, establish, or impose any mandatory duty or liability on the part of the city, its officers, employees, or any other person acting on its behalf, notwithstanding the use of "shall", "will", "must", or similar terms stated expressly or incorporated into this chapter.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)

A. No person may occupy, inhabit, reside or remain within, any building or structure that has been determined by the Building Official to be unsafe pursuant to Section 116 of the California Building Code and posted in compliance with that section.

B. No person may occupy, inhabit, reside or remain within, any building or structure that constitutes a substandard building as defined by Health and Safety Code Section 17920.3, as it may be amended from time to time, after such building or structure has been designated a substandard building and a notice to vacate has been issued in accordance with the provisions of the State Housing Law (Part 1.5 of Division 13, commencing with Section 17910, of the Health and Safety Code).

C. Nothing in this section shall prevent the Building Official from authorizing any repairs, alterations, or corrections necessary to remove or abate the conditions that have been determined to be unsafe or that constitute a substandard building under this section. Any person acting in accordance with such authority shall not be deemed to be in violation of this section.

(Ord. No. 1427 C.S., § 1(Exh. A), 11/20/2019; Ord. No. 1441, § 1(Exh. A), 12/21/2022)