§ 18.08

(A)

Except as otherwise exempted by the California Building Code and/or other county ordinances, no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, occupy, remove, convert, or demolish any building or structure in the unincorporated area of the County or cause the same to be done without first obtaining a separate building permit for each such building or structure as required by this Title. Permits shall be issued and fees collected by the Planning and Building Services Department. The schedule of fees collected is adopted from time to time by the Board of Supervisors of the County of Mendocino.

(B)

The Director of Planning and Building Services or the Board of Supervisors may waive or refund any or all of the costs of enforcement recoverable pursuant to Section 18.08.015 as directed by it and upon such conditions as the Director or Board may provide.

(Ord. No. 1107, adopted 1973; Ord. No. 3422, adopted 1983; Ord. No. 3592, adopted 1985; Ord. No. 3828 (part), adopted 1992; Ord. No. 4090, Sec. 1, adopted 2002.)

(Ord. No. 4333, § 2, 3-17-2015)

No building permit or other permit shall be issued for any building or other project which is required by Title 20 or 21 of the Mendocino County Code to have an environmental impact report prepared and certified as complete by the County of Mendocino until such report has been prepared and so certified.

(Ord. No. 4333, § 1, 3-17-2015; Ord. No. 4380, § 12, 3-7-2017)

Editor's note— Ord. No. 4380, § 10, adopted March 7, 2017, renumbered § 18.04.015 as § 18.08.015; and § 11, renumbered existing § 18.08.015 as § 18.08.030.

The County has previously and separately adopted code chapters regarding "Right to Industry" (County Code Chapter 6.35) and "Agricultural Nuisances and Consumer Disclosures" (also known as the Right to Farm ordinance, County Code Chapter 10A.13), both of which require the Department of Planning and Building Services to make disclosures prior to certain discretionary actions or the issuance of certain building permits.

(Ord. No. 4380, § 13, 3-7-2017)

Editor's note— Ord. No. 4380, § 10, adopted March 7, 2017, renumbered § 18.08.020 as § 18.08.035; and § 13 enacted a new § 18.08.020, to read as set out herein.

The building permit card or an authorized substitution, as issued by the Planning and Building Services Department, shall be posted in a conspicuous place and shall be made accessible to the Building Inspectors at all times until the completion of the project.

(Ord. No. 4380, § 14, 3-7-2017)

(A)

In addition to any other relief, the County shall recover costs of enforcing the provisions of Title 18 of the Mendocino County Code, Chapter 1.5 of Division 13 of the California Health and Safety Code and any and all ordinances, rules, regulations, and orders pertaining to its Planning and Building Services Department. Investigation fees as described in Chapter 1 of the latest Model Codes adopted by the California Building Standards Commission, and violation fees collected under this section, shall be made available to the Planning and Building Services Department for use in training and further code enforcement. The hourly fees to be imposed and recovered shall be as set forth by resolution of the Board of Supervisors.

(B)

Any person, firm, or corporation doing any work without first obtaining the permit required by this Title or any of the Model Codes adopted by reference in this Title or made applicable to Mendocino County by state law shall, in addition to the permit fee normally charged for such permit, pay a violation fee as provided in this section.

(C)

(1)

For any construction project, other than commercial or industrial structures that do not qualify as a home occupation or cottage industry, where the owner or applicant brought the violation to the attention of the County Department of Planning and Building Services, the violation fee charged shall be equal to the amount of the permit fee normally required by the applicable Model Code or Codes.

(2)

For minor construction projects such as heating appliances, water heaters, re-roofings, replacement of siding, electrical outlets, plumbing fixtures, awnings, decks, and other minor projects which typically require an "over the counter" type permit, regardless of whether the owner or applicant brought the violation to the attention of the County Department of Planning and Building Services, the violation fee charged shall be equal to the amount of the permit fee normally required by the applicable Model Code or Codes.

(D)

For any construction project, other than commercial or industrial structures that do not qualify as a home occupation or cottage industry, where the Department of Planning and Building Services discovered and/or investigated the violation as a result of a complaint, that does not qualify under subdivision (C) of this section, the violation fee shall be equal to twice the amount of the permit fee normally required by the applicable Model Code or Codes.

(E)

For any construction project involving a commercial or industrial structure that does not qualify as a home occupation or cottage industry, the violation fee shall be equal to three times the amount of the permit fee normally required by the applicable Model Code or Codes.

(F)

In determining which violation fee applies, the actual use of the property or structure involved, and not the zoning of the property, shall be the deciding factor.

(Ord. No. 4090, Sec. 2, adopted 2002.)

• (Ord. No. 4380, § 11, 3-7-2017)

Editor's note— Ord. No. 4380, § 11, adopted March 7, 2017, renumbered § 18.08.015 as § 18.08.030; and § 9, renumbered existing § 18.08.030 as § 18.08.040.

Refunds of all or any portion of permit fees paid pursuant to this Title shall be made as directed by the Board of Supervisors and upon such conditions as said Board of Supervisors may provide.

(Ord. No. 465, Sec. 106, adopted 1964.)

(Ord. No. 4380, § 10, 3-7-2017)

Editor's note— Ord. No. 4380, § 10, adopted March 7, 2017, renumbered § 18.08.020 as § 18.08.035. Sec. 18.08.040 - Valuation.

The Board of Supervisors may by resolution establish its policy governing the determination of value for the purpose of establishing the fees to be paid pursuant to the valuation fee schedule contained in this Title and codes adopted by this Title. Such policy shall be based upon building valuation data published periodically by the International Code Council. In the absence of a policy resolution of the Board of Supervisors, the Planning and Building Services Department may use valuation data so published. At the discretion of the Building Official, RSMeans Square Foot Cost Book may be used to gather such data.

(Ord. No. 4380, § 9, 3-7-2017)

Editor's note— Ord. No. 4380, § 9, adopted March 7, 2017, renumbered § 18.08.030 as § 18.08.040, and amended it to read as set out herein.

CHAPTER 18.12 - STRUCTURES NOT OTHERWISE REGULATED IN THIS TITLE